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BOSTON: 

NATHAN  SAWYER,  PRINTER, 

NO.  45  WATER  STREET. 

1865. 


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OrP’TOSXiS  = 

(Ex-officio  Directors.) 

President, . 

. MOSES  M.  STRONG, . Mineral  PoVt,  Wis. 

Vice  President  and  Solicitor, 

.....  EDWARD  J.  HILL, . .  Milwaukee,  do. 

Secretary  and  Counsel, . 

. ASAEGL  FINCH, . . .  do.  do. 

Treasurer, . 

. . JOHN  M.  WEITTEMORE . Boston,  Mass. 

General  Superintendent, . 

. JAMES  H.  EARNEST, . Shullsburgh,  Wis. 

The  same  Officers  and  Directors  for  the  Mining  Company. 


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CHARTER  AND  SCHEME 

OF  THE 

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STATE  OF  WISCONSIN,*/ 

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The  Secretary  of  State  of  the  State  of  Wisconsin  hereby 
certifies,  that  the  following  has  been  compared  with  the 
Original  Enrolled  Act*  deposited  in  this  Office,  and  that  the 
same  is  a  true  and  correct  copy  thereof,  and  of  the  whole 
of  such  original. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
affixed  the  great  seal  of  the  State,  at  the  Capitol,  in  Madison, 
this  thirtieth  day  of  August,  A.  D.  one  thousand  eight 
hundred  and  sixty-five. 

LUCIUS  FAIRCHILD, 

Secretary  of  State. 


Chapter  203, 

AN  ACT  to  Amend  Chapter  206  of  the  local  laws  of 
1863,  entitled  “An  Act  to  Incorporate  the  Monroe 
and  Riverside  Railroad  Company,”  Approved  April 
1st,  1863. 

The  People  of  the  State  of  Wisconsin ,  represented  in  Senate 
and  Assembly ,  do  enact  as  follows:- — 

Section  1.  The  name  and  style  of  the  corporation 
created  by  the  act  of  which  this  act  is  amendatory,  is  hereby 
changed  from  “  Monroe  and  Riverside  Railroad  Company  ” 


I 


6  CHARTER  AND  SCHEME  OF  THE 


to  “  Monroe  and  Dubuque  Railroad  Company/’  and  tbe  said 
corporation,  by  the  said  name  and  style  of  Monroe  and 
Dubuque  Railroad  Company,  shall  be  a  body  corporate  and 
politic*,  with  perpetual  succession,  and  as  such  shall  have, 

f  c  *  i  i  *  ■  ( 

possess,  exercise,  end  enjoy  all  the  franchises,  rights,  powers, 
privileges,  and  immunities,  which,  by  the  act  of  which  this  is 
amendatory,  are  conferred  upon  the  said  Monroe  and  River¬ 


side  Railroad  Company,  and  all  the  rights  and  privileges, 
estate  and  property  of  the  said  Monroe  and  Riverside 
Railroad  Company,  and  all  benefits  and  advantages  of  any 
contracts  and  agreements  between  the  said  Monroe  and 
Riyerside  Railroad  Company  and  any  other  party ;  and  the 
said  Monroe  and  Dubuque  Railroad  Company  shall  be  subject 
to  all  the  duties,  liabilities,  and  obligations,  imposed  by  said 
act  upon  the  said  Monroe  and  Riverside  Railroad  Company, 
or  which  in  any  other  manner  devolve  upon  the  said  Monroe 
and  Riverside  Railroad  Company ;  and  said  act  is  hereby  so 
amended,  that,  wherever  the  word  Riverside  occurs  in  the 
same  or  in  the  title  thereof,  the  word  Dubuque  shall  be 
substituted  therefor. 


Sect.  2.  The  amount  of  bonds  or  obligations  which  the 
said  company  shall  have  authority  and  power  in  its  corporate 
capacity  to  mahe,  execute,  issue,  and  deliver,  from  time  to 
time,  and  to  have  outstanding,  at  any  one  time,  b  hereby 
extended  to  two  millions  five  hundred  thousand  dollars, 
instead  of  the  amount  limited  by  the  act  of  which  this  is 
amendatory. 


Sect.  3.  The  fifth  section  of  the  act  of  which  this  is 
amendatory,  is  hereby  amended  so  as  to  read  as  follows : 
“  The  said  company  shall  have  authority  and  power,  and  they 
are  hereby  authorized  and  empowered,  to  survey,  locate, 
construct,  complete,  alter,  change  the  location  of,  reconstruct. 


maintain,  and  operate  a  railroad 
lines  of  rails,  on  such  route,  a 


,  with  one  or  more  tracks,  or 
nd  with  such  alignment  and 


* 


MONROE  AND  DUBUQUE  RAILROAD  CO.  7 

graduation  as  said  company  shall  think  proper,  from  such 
point  as  the  directors  shall  determine,  on  the  track  of  the 
Milwaukee  and  Prairie  du  Chien  Pailway,  at  or  near  the 
village  of  Monroe,  in  Green  County,  to  such  point  as 
the  directors  shall  determine  on  the  Mississippi  river,  in  Grant 
County,  in  this  State ;  and  also  from  any  point  on  said  line  to 
any  point  on  the  south  line  of  the  State,  in  LaPayette  County ; 
and  the  said  company  shall  have  authority  and  power  to  take, 
transport,  and  carry  persons  and  property,  upon  said  rail¬ 
road,  by  the  power  and  force  of  steam,  of  animals,  or  of  any 
mechanical  or  other  power,  or  of  any  combination  of  them, 
and  to  make,  construct,  and  put  in  operation,  all  such 
turnouts,  side  tracks,  and  connecting  tracks,  as  they  shall 
think  will  promote  the  interests  of  the  company ;  to  erect  and 
construct  all  depots,  station  houses,  warehouses,  car  houses 
and  shops,  engine  houses  and  shops,  machine  shops  and  fix¬ 
tures,  useful  for  the  accommodation  of  such  road  and  of  those 
using  it ;  to  manufacture,  or  purchase  all  necessary  engines, 
tenders,  cars,  or  other  conveniences  for  running  said  railroad ; 
and  said  company  shall  have  power  to  construct  its  railroad 
with  the  Milwaukee  and  Prairie  du  Chien  Railroad,  to 
operate  the  same  in  connection  with  such  railroad,  and  also  to 
consolidate  the  capital  stock  of  this  company  with  the  capital 
stock  of  the  Milwaukee  and  Prairie  du  Chien  Railway 
Company,  and  to  merge  the  two  companies  into  one  company, 
under  the  management  of  a  single  board  of  directors,  in  such 
manner,  and  upon  such  terms  as  shall  be  agreed  upon  by  the 
boards  of  directors  of  such  two  companies,  respectively ;  and 
perpetually,  or  for  a  limited  time  to  lease,  or  to  purchase  from 
'  the  Mineral  Point  Railroad  Company,  the  whole  or  any  part  of 
its  railroad ;  and  the  said  Mineral  Point  Railroad  Company  is 
hereby  authorized  to  make  such  lease  or  sale,  and  shall  also 
have  authority  and  power,  and  it  is  hereby  authorized  and 
empowered,  to  lease  to  any  person  or  persons,  company,  or 
corporation,  perpetually,  or  for  a  limited  time,  the  whole 
or  any  part  of  the  railroad  to  be  constructed  by  this  company. 


8 


CHARTER  AND  SCHEME  OF  THE 


or  which  shall  he  held  by  it  by  lease  or  purchase,  together 
with  the  rolling  stock,  machinery,  buildings,  tenements,  or 
fixtures,  and  all  other  property,  real,  personal,  or  mixed,  of 
the  said  company,  and  all  the  franchises,  rights,  privileges, 
and  immunities  of  this  company,  or  to  sell  the  same,  and  in 
consideration  of  such  lease  or  sale,  to  take  or  receive  such 
rents  or  payments  as  the  directors  of  this  company  shall 
think  proper. 

Sect.  4.  So  much  of  the  act  of  which  this  act  is  amend¬ 
atory,  as  conflicts  with,  or  is  inconsistent  with,  this  act,  is 
hereby  repealed. 

Sect.  5.  This  act  shall  take  effect,  and  be  in  force  from 
and  after  its  passage. 

WM.  W.  FIELD, 

Speaker  of  the  Assembly. 


SMITH  S.  WILKINSON, 


President 

Approved,  March  25th,  1864. 


of  the  Senate, 

Pro  tem. 


JAMES  T.  LEWIS, 

Governor. 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


9 


Chapter  206. 

AN  ACT  to  Incorporate  the  Monroe  and  Riverside 
Railroad  Company. 

The  People  of  the  hit  ate  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  :  — 

Section  1.  That  Moses  M.  Strong,  George  W.  Cobb, 
Francis  Vivian,  and  John  J.  Ross,  of  Iowa  County,  and 
James  IT.  Earnest,  and  such  other  persons  as  shall  become 
stockholders  in  the  corporation  hereby  created  in  accordance 
with  the  provisions  of  this  act,  shall  be  and  they  are  hereby 
created  a  body  corporate  and  politic,  by  the  name  and  style 
of  the  (S  Monroe  and  Riverside  Railroad  Company,”  and  by 
that  name  shall  have  perpetual  succession,  be  competent  to 
contract  and  be  contracted  with,  sue  and  be  sued,  implead 
and  be  impleaded,  answer  and  be  answered,  defend  and  be 
defended,  in  any  court  whatever  ;  but  shall  never  set  up  the 
defence  of  usury  in  any  court  whatever. 

The  said  corporation  may  make,  have,  and  use  a  common 
seal,  which  it  may  alter  or  renew  at  pleasure  ;  it  shall  be 
capable  of  acquiring  by  deed,  lease,  or  other  conveyance,  a 
fee  simple  or  any  less  estate  in  lands,  tenements,  or  easements 
in  the  same,  and  of  conveying  any  such  estate  or  interest  by 
deed,  lease,  or  other  conveyance,  or  of  holding  such  estate  or 
interest,  or  any  other  estate  necessary  for  the  use  of  said 
road,  either  real,  personal,  or  mixed  ;  and  shall  have  and 
enjoy  all  the  privileges,  franchises,  and  immunities  incident 
to  a  corporation,  and  may  do  and  perform  all  and  singular 
the  acts  and  matters  which  to  any  corporation  it  shall  lawfully 
appertain  to  do  and  perform  for  the  well  being  of  said 
corporation. 


2 


10 


CHARTER  AND  SCHEME  OF  THE 


Sect.  2.  The  capital  stock  of  said  corporation  shall  he 
five  hundred  thousand  dollars,  and  shall  be  divided  into  five 
thousand  shares  of  one  hundred  dollars  each,  and  shall  be 
subscribed  in  the  manner  hereinafter  prescribed. 

Sect.  3.  The  said  Moses  M.  Strong,  George  W.  Cobb, 
Francis  Vivian,  John  J.  Ross,  and  James  H.  Earnest,  are 
hereby  appointed  commissioners  to  receive  subscriptions  to 
the  capital  stock  of  said  company,  a  majority  of  whom  shall 
constitute  a  quorum,  and  shall  have  authority  and  power,  and 
are  hereby  authorized  and  empowered,  to  do  any  act  or  thing 
by  which  the  commissioners,  by  virtue  of  this  act,  may  do  or 
perform. 

The  said  commissioners  shall  give  notice  by  publication  for 
three  successive  weeks,  in  some  newspaper  printed  in  the 
county  of  LaFayette,  of  the  time  and  place  when  and  where 
they  will  meet  to  receive  subscriptions  to  the  capital  stock  of 
said  corporation  ;  and,  at  such  meeting,  shall  prescribe  rules 
as  to  the  manner  in  which  subscriptions  to  the  capital  stock 
of  the  company  shall  be  made,  the  amount  to  be  paid  upon 
each  share,  not  less  than  five  dollars,  and  the  time  and  place 
of  payment,  which  rules  shall  be  entered  at  length  on  the 
books  of  subscription. 

The  books  of  subscription  shall  be  kept  open  until  the 
whole  number  of  shares  shall  be  subscribed,  when  they  shall 
be  closed,  and  no  more  subscriptions  be  received  by  the 
commissioners. 

Sect.  4.  Whenever  the  whole  number  of  shares  of  the 
capital  stock  shall  be  subscribed,  in  conformity  with  the  rules 
prescribed  by  the  commissioners,  and  the  amount  prescribed 
by  such  rules  paid  upon  each  share  so  subscribed,  not  less 
than  five  dollars,  the  commissioners  shall  give  notice  to  the 
stockholders,  by  publication  for  two  or  more  successive  weeks, 
in  such  newspaper  printed  in  Iowa,  LaFayette  or  Green 
county  as  they  shall  determine,  to  meet  at  a  time  and  place 
to  be  specified  in  such  notice,  to  elect  five  directors  of  said 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


11 


corporation,  who  shall  hold  their  offices  until  other  directors 
are  elected  in  pursuance  of  the  by-laws  of  said  corporation. 

Sect.  5.  The  said  company  shall  have  authority  and 
power,  and  they  are  hereby  authorized  and  empowered,  to 
survey,  locate,  construct,  complete,  alter,  change  the  location 
of,  reconstruct,  maintain,  and  operate  a  railroad  with  one  or 
more  tracks  or  lines  of  rails,  cn  such  route  and  with  such 
alignment  and  graduation  as  said  company  shall  think  proper, 
from  such  point  as  the  directors  shall  determine  on  the  track 
of  the  Milwaukee  and  Prairie  du  Chien  Railroad,  at  or  near 
the  village  of  Monroe,  in  Green  county,  to  such  point  as  the 
directors  shall  determine  on  the  track  of  the  Mineral  Point 
Railroad,  in  the  town  of  Gratiot,  in  LaPayette  county,  and  to 
extend  the  same  to  any  point  on  the  Mississippi  River,  in 
Grant  county,  in  this  State  ;  and  the  said  company  shall  have 
authority  and  power  to  take,  transport,  and  carry  persons 
and  property  upon  said  railroad  by  the  power  and  force  of 
steam,  of  animals,  or  of  any  mechanical  or  other  power,  or  of 
any  combination  of  them,  and  to  make,  construct,  and  put 
in  operation  all  such  turnouts,  side  tracks,  and  connecting 
tracks  as  they  shall  think  will  promote  the  interests  of  the 
company ;  to  erect  and  construct  all  depots,  station  houses, 
warehouses,  car  houses  and  shops,  engine  houses  and  shops, 
machine  shops  and  other  fixtures  useful  for  the  accommodation 
of  such  road,  and  of  those  using  it ;  to  manufacture  or  pur¬ 
chase  all  necessary  engines,  tenders,  cars  or  other  conveniences 
for  running  railroad ;  and  said  company  shall  have  power  to 
construct  its  railroad  with  any  other  railroad  in  this  State,  and 
to  operate  the  same  in  connection  with  such  other  railroad ; 
and  also  to  consolidate  the  capital  stock  of  this  company  with 
the  capital  stock  of  any  other  one  railroad  company  in  con¬ 
nection  with  it ;  and  to  merge  the  two  companies  into  one 
company,  under  the  management  of  a  single  board  of  directors, 
in  such  manner,  and  upon  such  terms  as  shall  be  agreed  upon 
by  the  boards  of  directors  of  such  two  companies,  respectively ; 
and  perpetually,  or  for  a  limited  time,  to  lease  or  to  purchase 


12 


CHAPwTER  AND  SCHEME  OF  THE 


from  the  Mineral  Point  Railroad  Company,  the  whole,  or  any 
part  of  such  railroad ;  and  shall  also  have  authority  and  power, 
and  it  is  hereby  authorized  and  empowered,  to  lease,  to  any 
person  or  persons,  company  or  corporation,  perpetually,  or  for 
a  limited  time,  the  whole  or  any  part  of  the  said  railroad  to 
be  constructed  or  owned  by  this  company,  together  with  the 
rolling  stock,  machinery,  buildings,  tenements,  cr  fixtures, 
and  all  other  property,  real,  personal,  or  mixed,  of  the  said 
company,  and  all  the  franchises,  rights,  privileges,  and  immu¬ 
nities  of  this  company,  or  to  sell  the  same,  and  in  consideration 
of  such  lease  or  sale,  to  take  or  receive  such  rents  or  pay¬ 
ments  as  the  directors  of  this  company  shall  think  proper. 

Sect.  6.  All  the  affairs  of  said  company  shall  be  managed 
by  a  board  of  five  directors,  who  shall  be  stockholders,  and 
who  are  hereby  invested  with  all  the  powei’3  of  the  corpora¬ 
tion.  They  shall  be  chosen  annually,  by  ballot,  by  the  stock¬ 
holders,  at  the  annual  meeting  of  the  company,  which  shall 
be  held  on  such  notice  and  at  such  time  as  shall  be  prescribed 
by  the  by-laws,  and  at  such  place  as  shall  be  prescribed  by 
the  board  of  directors,  and  stated  in  such  notice. 

At  all  meetings  of  the  stockholders,  every  stockholder 
shall  be  entitled  to  one  vote  for  each  share  of  stock  held  by 
him  or  her,  and  may  vote  in  person  or  by  proxy  duly  author¬ 
ized  ;  and  no  business  shall  be  transacted  at  any  meeting  of 
the  stockholders,  unless  a  majority  of  the  stock  is  represented. 
In  all  elections  of  directors,  those  stockholders,  equal  to  the 
number  to  be  elected,  having  the  greatest  number  of  votes, 
shall  be  deemed  and  declared  duly  elected.  The  elections 
shall  be  conducted  in  such  manner  as  shall  be  prescribed  by 
the  by-laws  of  the  company ;  and  if,  from  any  cause,  an  elec¬ 
tion  of  directors  shall  not  be  had  at  the  time  when,  by  the 
provisions  of  this  act  or  of  the  by-laws,  it  should  be  had,  the 
same  may  be  held  at  any  other  time,  on  notice  to  be  given  as 
aforesaid  ;  and,  until  such  election  be  had,  the  directors  of  the 
preceding  year  shall  continue  to  act,  and  the  corporation 
hereby  created  shall  not  forfeit  or  lose  any  of  its  privileges. 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


13 


franchises,  or  immunities,  by  reason  of  the  irregularity  or 
want  of  such  election,  nor  by  reason  of  any  abandonment  or 
non-user  of  such  privileges,  franchises,  or  immunities,  for  a 
less  period  than  ten  consecutive  years.  The  board  of  direct¬ 
ors  may,  at  any  time,  increase  or  diminish  the  number  of 
directors  to  be  elected  at  the  next  annual  meeting  of  the 
stockholders,  and  the  number  to  be  elected  shall  be  specified 
in  the  notice  of  election,  but  shall  never  be  less  than  five  nor 
more  than  eleven. 

Sect.  7.  A  majority  of  the  board  of  directors  shall  con¬ 
stitute  a  quorum  for  the  transaction  of  any  business.  They 
shall  meet  at  such  times  and  places,  and  be  convened  in  such 
manner,  as  they  shall  decide  upon.  They  shall  elect  one  of 
their  own  number  to  be  president,  and  one  to  be  vice-presi¬ 
dent.  The  president  shall,  when  present,  preside  at  all 
meetings  of  the  board,  and  of  the  stockholders,  and,  when 
absent,  the  vice-president  shall  discharge  the  duties  of  presi¬ 
dent,  and,  when  both  are  absent,  the  directors  may  appoint 
a  president  pro  tem.  The  board  of  directors  shall  have  power 
to  appoint  an  executive  committee  and  prescribe  its  powers 
and  duties,  to  appoint  a  secretary,  treasurer,  and  such  engi¬ 
neers,  superintendents,  agents,  and  other  officers  as  they  may 
deem  necessary,  and  remove  them  at  pleasure,  prescribe  their 
duties  and  compensation,  and  may  demand  adequate  security 
for  the  discharge  of  their  respective  duties  and  trusts.  The 
directors  shall  have  power  to  fill  any  vacancy  which  may  occur 
in  their  own  board. 

The  directors  shall  issue  a  certificate  or  certificates  to  the 
stockholders  for  the  number  of  shares  held  by  them,  respect¬ 
ively,  signed  by  the  president  and  secretary,  which  shall  be 
transferable  in  such  manner  and  at  such  place  or  places  as 
shall  be  prescribed  by  the  by-laws,  and  for  the  purpose  of 
such  transfer,  they  may  establish  transfer  agencies  out  of  this 
State.  The  directors  shall  have  power  to  prescribe  a  tariff  of 
prices  for  the  transportation  of  freight  and  passengers,  and  to 
alter  or  change  the  same,  or,  in  their  discretion,  to  empower 


14 


CHARTER  AND  SCHEME  OF  THE 


the  superintendent  or  other  agents  to  prescribe  or  alter  such 
tariff. 

The  directors  shall  have  authority  and  power,  and  they  are 
hereby  authorized  and  empowered,  to  make  such  covenants, 
contracts,  and  agreements  with  any  person  or  persons,  copart¬ 
nership  or  corporation  whatsoever,  as  the  construction  of  their 
railroad  or  its  management  and  the  convenience  and  interests 
of  the  company  and  the  conduct  of  its  affairs  may,  in  their 
judgment  require  ;  and  also  to  make  any  contract  or  agree¬ 
ment  which  they  shall  think  proper  with  any  person  or  per¬ 
sons,  company  or  corporation,  leasing  to  such  person  or  per¬ 
sons,  company  or  corporation,  perpetually,  or  for  a  limited 
time,  the  whole  or  any  part  of  the  railroad  to  be  constructed 
or  owned  by  this  company,  together  with  the  rolling  stock, 
machinery,  buildings,  tenements,  or  fixtures,  and  all  other 
property,  real,  personal,  or  mixed,  of  this  company,  and  all 
the  franchises,  rights,  privileges,  and  immunities  of  this  com¬ 
pany,  and  reserving  or  receiving  rents  therefor,  or  to  sell  the 
same  ;  and  also  perpetually,  or  for  a  limited  time,  to  lease 
or  purchase  from  the  Mineral  Point  Railroad  Company  the 
whole  or  any  part  of  said  railroad,  together  with  its  estate, 
real,  personal,  or  mixed,  and  its  franchises,  rights,  privileges, 
and  immunities. 

The  directors  shall  also  have  power  and  authority  to  make, 
prescribe,  and  establish  such  by-laws,  rules,  orders,  and  regu¬ 
lations,  not  in  conflict  with  or  repugnant  to  the  constitution 
or  laws  of  this  State,  or  of  the  United  States,  as  they  shall 
think  best  for  the  well  ordering  of  the  affairs  of  said  company, 
and,  in  general,  to  superintend  and  direct  all  of  the  opera¬ 
tions,  receipts,  disbursements,  and  all  other  affairs  and  pro¬ 
ceedings  of  said  company. 

Sect.  8.  At  each  annual  meeting  of  the  stockholders  for 
the  election  of  directors,  the  directors  of  the  preceding  year 
shall  exhibit  to  the  stockholders  a  complete  statement  of  the 
affairs  and  proceedings  of  the  company  for  such  year.  Special 
meetings  of  the  stockholders  may  be  called  by  order  of  the 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


15 


board  of  directors,  or  by  stockholders  holding  one-fourth  in 
amount  of  the  capital  stock,  on  like  notice  as  that  required 
for  annual  meetings,  which  notice  shall  specify  the  object  of 
the  meeting. 

Sect.  9.  The  said  company  shall  have  authority  and 
power,  and  it  is  hereby  authorized  and  empowered,  in  its 
corporate  capacity,  to  borrow  any  sums  of  money  from  any 
person  or  persons,  corporation,  or  body  politic  of  any  kind, 
and  to  make,  execute,  and  deliver  all  necessary  writings, 
notes,  bonds,  mortgages,  or  other  papers  and  securities,  in 
amount  and  kind,  as  may  be  deemed  expedient  by  said  corpo¬ 
ration,  in  consideration  of  any  such  loan,  or  in  discharge  of 
any  liabilities  that  it  may  incur  in  the  construction,  repair, 
equipment,  or  running  of  said  road  ;  and  the  powers  of  the 
said  corporation,  for  the  purposes  aforesaid,  and  for  all  pur¬ 
poses  necessary  to  carrying  out  the  objects  of  said  company, 
namely,  the  construction  of  a  railroad  from  and  to  the  points 
aforesaid,  are  hereby  ratified  and  confirmed,  and  the  contracts 
and  official  acts  of  said  company  declared  binding  in  law  and 
equity  upon  said  corporation,  and  upon  all  other  parties  to 
such  contracts.  Said  company  shall  also  have  authority  and 
power,  and  it  is  hereby  authorized  and  empowered,  in  its  cor¬ 
porate  capacity,  to  make,  execute,  issue,  and  deliver  its  bonds 
or  obligations,  from  time  to  time,  and  at  any  time,  in  such  an 
amount  that  all  the  bonds  of  said  company,  outstanding  at 
any  one  time,  will  not  exceed  the  amount  of  the  capital  stock 
of  the  said  company. 

The  directors  of  said  company  are  hereby  authorized  and 
empowered  to  prescribe,  by  resolution  to  be  by  them  adopted, 
the  sum  or  sums  for  which  each  of  such  bonds  shall  be  issued, 
the  time  or  times,  and  place  or  places,  when  and  where  the 
principal  and  interest  of  the  same  shall  be  payable,  the  person 
or  persons,  trustee  or  corporation  to  whom  the  same  shall  be 
payable,  and  whether  payable  to  order  or  to  bearer,  or  how 
otherwise  negotiable,  the  rate  of  interest  not  to  exceed  the 
legal  rate  which  such  bonds  shall  bear,  and  the  manner  and 


16 


CHARTER  AND  SCHEME  OF  THE 


form  in  which  the  interest  coupons  annexed  to  them  shall  be 
executed;  and  to  secure  the  payment  of  any  or  all  of  such 
bonds,  the  said  corporation  is  hereby  authorized  and  empow¬ 
ered,  in  its  corporate  capacity,  to  make,  execute,  and  deliver  a 
mortgage  or  deed  of  trust  upon  the  whole  or  any  part  of  its 
railroad  constructed  or  authorized  to  be  constructed,  and  cf  any 
or  all  of  its  estate,  real,  personal,  or  mixed,  in  possession  or  ex¬ 
pectancy,  owned  and  acquired,  or  to  be  thereafter  owned  and 
acquired  by  said  corporation ;  and  the  said  company  is  also 
hereby  authorized  and  empowered,  in  and  by  such  mortgage  or 
deed  of  trust,  to  confer  upon  the  trustee  or  mortgagee  full  and 
ample  powers  to  enter  into  and  upon,  and  to  take  possession 
of,  have,  use,  and  enjoy,  or  to  sell  and  dispose  of,  the  whole 
or  any  part  of  said  railroad  or  its  estate,  together  with  the 
functions  appertaining  to  said  railroad,  and  all  corporate  and 
other  franchises,  rights,  and  privileges,  of  said  corporation. 

And  the  directors  of  said  company  are  hereby  authorized 
and  empowered  to  prescribe,  by  resolution  to  be  by  them 
adopted,  all  matters  relating  to  the  form  and  terms  of  any 
such  mortgage  or  deed  of  trust,  and  of  its  execution  and 
delivery  ;  and  they  are  authorized  to  provide  for  the  periodical 
payment,  to  such  trustee  or  receiver  as  they  shall  appoint,  a 
certain  sum,  to  create  a  sinking  fund  with  which  to  pay  off 
or  discharge,  at  or  before  maturity,  any  or  all  of  the  bonds  by 
them  authorized  to  be  issued,  and  also  to  provide  the  manner 
in.  which  such  trustee  or  receiver  shall  pay  out  or  dispose  of 
said  sinking  fund,  and  to  authorize  him  to  designate  by  lot,, 
or  in  any  other  suitable  manner,  the  bond  or  bonds,  to  the 
payment  of  which  such  sinking  fund,  or  any  part  of  it,  shall 
be  applied;  and  the  said  railroad  company  is  hereby  fully 
authorized  and  empowered,  by  its  treasurer,  agents,  or  brokers, 
or  otherwise,  at  any  place  to  sell,  pledge,  hypothecate,  or 
otherwise  dispose  of  any  or  all  of  the  aforesaid  bonds  hereby 
authorized  to  be  issued,  at  par,  or  at  any  price  less  than  par, 
and  for  such  sum  or  sums,  and  on  such  terms,  as  to  the  said 
company  or  its  treasurer,  agents,  or  brokers  shall  appear  most 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


17 


for  the  interest  of  said  company ;  and  the  said  company  and 
its  directors,  officers,  agents,  and  brokers  are  hereby  authorized 
and  empowered  to  have,  exercise,  and  enjoy  all  the  rights, 
privileges,  and  powers  hereby  conferred  upon  them,  respect¬ 
ively,  any  law  of  this  State  to  the  contrary  notwithstanding. 
And  any  such  mortgage  or  deed  of  trust,  and  every  discharge 
or  satisfaction  thereof,  may  be  recorded  in  the  office  of  the 
secretary  of  State,  in  a  proper  book  kept  for  that  purpose,  and 
the  certificate  of  such  recording,  endorsed  on  such  mortgage  or 
deed  of  trust,  shall  have  the  same  effect  as  if  such  mortgage 
or  deed  of  trust  was  recorded  in  the  several  counties  through 
which  such  road  may  run,  and  such  record  in  the  office  of  the 
secretary  shall  be  sufficient  notice  to  all  persons. 

Sect.  10.  The  said  corporation  shall  have  authority  and 
power,  and  it  is  hereby  authorized  and  empowered,  by  its 
officers,  engineers,  and  agents,  to  enter  upon  any  land  for  the 
purpose  of  exploring,  surveying,  locating,  or  determining  the 
route  of  its  railroad ;  and  when  the  route  of  said  railroad  shall 
he  determined  by  said  company,  by  resolution  adopted  by  the 
board  of  directors,  the  company  shall  have  authority  and 
power,  and  it  is  hereby  authorized  and  empowered,  by  its 
agents,  officers,  engineers,  contractors,  employers,  and  servants, 
to  enter  upon,  take,  possess,  occupy,  and  use  any  land  along 
and  including  the  line  of  said  route,  not  exceeding  one 
hundred  feet  in  width ;  and  said  company  shall  also  have 
authority  and  power,  and  it  is  hereby  authorized  and  em¬ 
powered,  at  any  time  to  enter  upon,  take,  possess,  occupy,  and 
use  any  other  lands  beyond  the  limits  of  one  hundred  feet 
which  shall,  by  resolution  adopted  by  the  board  of  directors, 
be  declared  to  be  necessary  for  the  use  of  said  company  for  the 
purpose  of  erecting  depot  buildings,  stopping  stages,  station 
houses,  freight  houses,  warehouses,  engine  houses,  machine 
shops,  or  for  buildings  or  fixtures  of  any  kind,  or  grounds 
about  any  such  buildings,  houses,  or  fixtures,  for  the  con¬ 
venient  operation  of  the  business  of  the  road,  or  for  the 
purpose  of  removing  such  substances  and  things  as  may 

3 


18 


CHARTER  AND  SCHEME  OF  THE 


endanger,  obstruct,  or  interfere  with  the  free  use  of  said  road, 
or  for  the  purpose  of  making  deep  cuts  or  excavations,  or  for 
the  purpose  of  depositing  earth,  gravel,  or  stone,  or  for  the 
purpose  of  obtaining  earth,  gravel,  stone,  or  other  materials 
for  embankments,  structures,  or  superstructures  necessary  to 
or  for  the  construction,  completion,  alteration,  maintenance, 
preservation,  and  complete  operation  of  said  railroad ;  and  a 
copy  of  said  resolution,  duly  certified  by  the  secretary  of  said 
company,  shall  be  recorded  in  the  office  of  the  register  of 
deeds  of  the  county  in  which  the  lands  described  in  the 
resolution  shall  lie.  And  all  private  property  which  the  said 
corporation  is  by  this  act  authorized  to  take,  is  hereby  declared 
to  be  taken  for  public  use.  And  the  said  company  shall,  at 
such  time,  and  in  such  manner  as  is  prescribed  by  this  act, 
pay  the  full  value  of  all  lands  so  taken,  possessed,  occupied, 
or  used,  which  value  shall  be  ascertained  in  the  manner 
hereinafter  provided,  and  whenever  the  same  shall  have  been 
paid,  tendered,  or  deposited,  as  provided  in  this  act,  the  title 
in  and  to  any  and  all  such  lands  shall  become  vested  in  said 
company  for  the  purposes  of  said  railroad ;  and  whenever  the 
company  shall  deem  that  the  same  or  any  part  thereof  shall 
be  no  longer  necessary  for  the  purposes  for  which  the  same 
were  taken,  the  said  company  is  hereby  authorized  and  em¬ 
powered  to  lease  or  sell  the  same,  or  any  part  thereof. 

Sect.  11.  Whenever  the  line  of  said  railroad  shall  be 
located  and  its  route  determined,  the  said  company  may  apply, 
by  attorney,  to  the  circuit  court  for  the  county  of  Green  or 
LaFayette,  or  to  the  judge  thereof  in  vacation,  for  the  appoint¬ 
ment  of  three  commissioners  to  make  an  appraisal  and  award 
of  the  value  of  any  and  all  lands  which  are  the  private 
property  of  any  person  on  the  line  of  said  railroad,  and  which 
said  company  shall  have  entered  upon,  taken,  possessed, 
occupied,  or  used,  or  which  it  may  thereafter  enter  upon, 
take,  possess,  occupy,  or  use  for  any  of  the  purposes  for 
which,  by  this  act,  the  said  company  is  authorized  to  enter 
upon,  take,  possess,  occupy,  or  use  lands. 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


19 


The  said  company  shall  give  notice  of  its  intention  to  apply 
for  the  appointment  of  such  commissioners,  by  publishing  the 
same  at  least  ten  days  before  the  time  for  hearing  such  appli¬ 
cation,  in  at  least  one  newspaper  published  in  the  county  in 
which  such  land  shall  lie ;  and  upon  an  affidavit  of  the  publi¬ 
cation  of  the  same,  the  court  or  judge  to  whom  the  application 
shall  be  made,  shall  appoint  three  commissioners,  who  shall 
have  cognizance  of  all  cases  arising  on  the  line  or  rou-te  of 
said  railroad ;  and  they  shall  proceed  to  examine  premises,  in 

each  case  separately,  having  first  given  such  notice  as  they 
* 

may  deem  reasonable,  to  the  owner,  and  at  least  five  days’ 
personal  notice  to  such  owner,  if  resident  in  the  county ;  and 
whenever  it  shall  appear  to  said  company  or  its  officers  that 
the  title  to  such  land  is  in  dispute,  or  that  several  parties  claim 
interest  therein  by  tax  sales,  tax  titles,  incumbrances,  liens,  or 
equitable  claims,  the  said  commissioners  shall,  upon  request 
of  said  company  or  its  officers,  give  notice  to  all  persons 
claiming  any  interest  in  such  land,  whether  as  owners,  incum¬ 
brancers,  or  otherwise  ;  (  and  when  the  person  to  be  notified 
has  no  known  residence  in  this  State,  within  the  knowledge  of 
such  commissioners,  the  notice  may  be  by  publication  in  a 
newspaper,  for  such  length  of  time  as  the  commissioners  shall 
deem  reasonable  ;  )  and  after  making  such  examination,  the 
said  commissioners,  or  a  majority  of  them,  shall,  in  each  case, 
separately  make  an  appraisal  and  award  of  the  value  of  the 
land  so  entered  upon,  taken,  possessed,  occupied,  or  used  by 
said  company  for  any  of  the  purposes  aforesaid,  at  the  time 
when  the  same  was  so  entered  upon  and  taken,  and  shall 
deliver  one  copy  of  their  award,  in  each  case,  to  the  said 
company,  and  shall  file  another  in  the  office  of  the  clerk  of 
the  circuit  court  of  the  county  in  which  said  lands  shall  lie, 
with  the  costs  of  the  award  taxed  upon  each  of  said  copies ; 
and  if  neither  party  shall  appeal  from  said  award  in  the 
manner  hereinafter  provided,  the  said  circuit  court,  on  motion 
of  the  party  in  whose  favor  any  award  shall  be  made  for  such 
value  as  aforesaid,  unless  such  award  shall  have  previously 


20 


CHARTER  AND  SCHEME  OF  THE 


been  paid,  shall  enter  np  judgment  in  conformity  with  such 
award. 

And  in  case  either  of  said  commissioners  shall  die,  resign, 
or  decline  to  act,  the  said  circuit  court  or  judge  shall  appoint 
another  commissioner  in  his  stead.  The  said  company,  or 
any  party  receiving  notice  from  the  said  commissioners  as 
aforesaid,  may,  within  thirty  days  after  such  award  shall  have 
been  filed  with  the  clerk  as  aforesaid,  appeal  from  the  same 
to  the  circuit  court  of  the  county  in  which  such  award  shall 
be  filed,  by  filing  with  the  clerk  of  said  court  a  written  notice 
of  such  appeal.  Upon  receiving  such  notice,  the  said  clerk 
shall  enter  the  appeal  as  a  case  upon  the  docket  of  the  court, 
setting  down  the  owner  or  owners,  and  person  or  persons 
claiming  any  interest  in  said  land,  embracing  all  persons  so 
having  received  such  notice  from  said  commissioners  as  plain¬ 
tiffs,  and  the  said  company  as  defendant ;  and  the  said  court 
shall  proceed  to  hear  and  determine  such  case  in  the  same 
manner  that  other  cases  are  heard  and  determined  in  such 
court ;  and  all  issues  of  fact  arising  therein  shall  be  tried  by  a 
jury,  unless  a  jury  be  expressly  waived  by  both  parties.  The 
appellant  shall  not  be  entitled  to  have  the  case  tried  at  any 
term  of  said  court,  unless  he  shall  have  given  notice  to  the 
appellee  or  his  attorney,  at  least  ten  days  before  the  first  day 
of  the  term,  that  he  will  demand  a  trial  at  such  term  ;  but  in 
case  the  appellee  has  no  known  residence  in  this  State,  or 
attorney  of  record  residing  therein,  no  such  notice  need  be 
given.  In  all  cases,  the  appellee  may  waive  such  notice,  in 
which  case  the  same  rule  for  trial  shall  be  applicable  to  it  as 
to  other  cases  in  said  court.  After  the  hearing  of  such  case, 
the  jury,  or  if  a  jury  be  waived,  the  court  shall  assess  the 
value  of  the  lands  so  entered  upon,  taken,  possessed,  occupied, 
and  used  by  said  company,  at  the  time  when  the  same  was 
entered  upon  and  taken  ;  and  after  such  assessment,  the  court 
shall  proceed  to  enter  judgment  against  said  company  for  the 
amount  of  said  assessment,  in  favor  of  the  plaintiff  or  plain¬ 
tiffs  in  such  case.  If  the  amount  so  assessed  in  favor  of  the 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


21 


said  plaintiff  or  plaintiffs  shall  exceed  the  amount  awarded  by 
said  commissioners,  then  judgment  shall  be  rendered  against 
said  company  for  costs ;  and  if  it  shall  not  exceed  such 
amount,  and  interest  as  aforesaid,  then  judgment  shall  be 
rendered  in  favor  of  said  company  for  costs,  and  against  the 
said  plaintiff  or  plaintiffs,  and  execution  may  issue  accordingly. 
Either  party  shall  be  entitled  to  a  change  of  venue  for  the 
trial  of  such  cause,  on  affidavit  filed,  stating  the  belief  of  the 
person  making  the  affidavit  that  a  fair  trial  cannot  otherwise 
be  had.  The  change  of  venue  shall  be  to  the  nearest  county, 
where  a  fair  trial  can  be  had.  The  judgment  of  the  circuit 
court  may  be  reviewed  on  appeal,  or  writ  of  error,  as  other 
cases  at  law.  Whenever  the  commissioners  shall  make  an 
award  as  aforesaid,  and  no  appeal  shall  be  taken  from  the 
same,  or  whenever,  in  case  of  appeal,  a  final  judgment  shall 
be  rendered,  it  shall  be  the  duty  of  the  company,  and  not 
before,  to  pay  to  the  party  entitled  to  the  same  the  amount 
of  said  award  or  judgment ;  and  in  any  case  where  there  shall 
be  any  lien,  incumbrance,  tax  sale,  tax  title,  or  equitable 
claim  to  or  upon  the  land,  or  any  part  thereof,  which  is  the 
subject  matter  of  such  award  or  judgment,  or  when  more 
than  one  person  shall  be  entitled  to  or  shall  set  up  any  claim 
to  the  amount  of  such  award  or  judgment,  or  any  part  of  it, 
or  when  the  person  entitled  to  receive  the  same  shall  not  have 
any  known  residence  within  the  State,  the  said  company  may 
deposit  the  amount  of  such  award,  when  there  is  no  appeal, 
with  the  clerk  of  the  court  with  whom  the  award  in  the  case 
shall  have  been  filed ;  and  in  case  of  an  appeal  and  judgment 
thereon,  the  company  may  deposit  the  amount  of  such  judg¬ 
ment  with  the  clerk  of  the  circuit  court  in  which  such 
judgment  shall  have  been  rendered ;  and  the  money  so 
deposited,  in  either  case,  shall  be  paid  over  by  order  of  the 
circuit  court  to  the  person  or  persons  who  shall  be  adjudged 
to  be  entitled  to  receive  the  same.  Whenever  the  amount  of 
such  award  or  judgment  shall  have  been  paid,  tendered,  or 
deposited,  as  aforesaid,  an  absolute  estate  in  fee  simple  in  such 


22 


CHARTER  AND  SCHEME  OF  THE 


lands  shall  be  and  become  vested  in  said  company,  and  all 
persons  so  receiving  notice  from  tbe  said  commissioners,  and 
all  persons  claiming  under  them,  shall  be  forever  concluded 
from  questioning  such  title  so  acquired  by  the  said  company. 
Said  company  shall  have  full  power  and  authority,  after 
entering  upon  and  taking  away  such  lands,  to  have,  hold, 
possess,  occupy,  use,  and  enjoy  the  same  for  any  of  the  lawful 
purposes  of  the  said  company,  from  the  time  of  such  entry 
and  taking  until  the  proceedings  provided  for  by  this  act 
shall  have  been  finally  determined,  and  until  said  company 
shall  have  refused,  after  demand  made,  to  pay  the  value  of  the 
land  so  ascertained  as  aforesaid ;  and  the  said  company  shall 
not,  during  such  time  nor  until  such  refusal,  be  disturbed  in 
such  possession  or  occupancy,  use,  or  enjoyment,  by  any 
proceedings  either  in  law  or  equity. 

Sect.  12.  The  said  Company  shall  have  the  right,  author¬ 
ity,  and  power,  and  it  is  hereby  authorized  and  empowered, 
to  construct  its  said  railroad  along  and  upon,  across,  under  or 
over  any  public  or  private  highway,  road,  street,  plankroad, 
or  railroad,  if  the  same  shall  be  necessary ;  but  the  said  com¬ 
pany  shall  put  said  highway,  road,  street,  plankroad,  or  rail¬ 
road,  in  such  condition  and  state  of  repair  as  not  to  impair 
or  interfere  with  its  free  and  proper  use  ;  and  also  to  erect 
and  maintain  all  necessary  bridges  for  the  use  of  their  railroad, 
over  any  stream  of  water  or  water  course,  at  such  points  of 
crossing  the  same  as  said  road  may  be  located,  with  all  neces¬ 
sary  abutments,  piers,  arches,  and  foundations. 

Sect.  13.  If  any  person  shall,  wilfully  or  knowfingly, 
injure  or  destroy  any  part  or  portion  of  the  railroad  so  to  be 
constructed,  or  any  works,  buildings,  or  machinery  attached 
to  or  in  use  upon  the  same,  belonging  to  said  company,  or 
shall  wilfully  and  maliciously  place  any  obstruction  or  thing 
upon  the  track  of  said  railroad,  such  person  or  persons  so 
offending  shall,  each  of  them,  for  every  such  offense,  forfeit 
and  pay  to  said  company  three  times  the  amount  of  damages 
caused  by  such  offense,  which  may  be  recovered  in  the  name 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


23 


of  said  company  in  any  court  having  competent  jurisdiction. 
Such  person  or  persons  shall  also  be  subject  to  indictment, 
and,  on  conviction  of  any  such  offense,  shall  be  punished  by 
fine  and  imprisonment  in  the  state  prison,  or  either,  at  the 
discretion  of  the  court ;  and  in  case  any  accident  shall  occur 
in  consequence  of  any  such  obstruction  or  damages  to  said 
road  or  machinery,  whereby  the  death  of  any  person  shall  be 
caused,  the  person  so  offending  shall,  on  conviction,  be 
adjudged  guilty  of  murder  in  the  first  degree,  and  punished 
accordingly,  in  such  manner  as  shall  be  prescribed  by  law  for 
the  punishment  of  murder  in  the  first  degree. 

Sect.  14.  It  is  hereby  declared  that,  in  the  judgment  of 
the  legislature,  the  objects  of  this  corporation  cannot  be 
obtained  by  or  under  general  laws. 

Sect.  15.  This  act  is  hereby  declared  to  be  a  public  act, 
and  its  provisions  shall  be  liberally  and  favorably  construed 
in  all  courts  of  this  State  ;  and  copies  of  the  same,  printed 
by  authority  of  the  legislature,  shall  be  received  as  evidence 
thereof  in  all  cases. 

Sect.  16.  This  act  shall  take  effect,  and  be  in  force  from 
and  after  its  passage. 

J.  ALLEN  BARBEE, 

Speaker  of  the  Assembly. 

WYMAN  SPOONER, 

President  of  the  Senate. 

Approved,  April  1st,  1863. 

EDWARD  SALOMON, 

Governor. 


u 


CHARTER  AND  SCHEME  OF  THE 


STATE  OF  WISCONSIN, 

Secretary’s  Office, 

The  Secretary  of  State  of  the  State  of  Wisconsin  hereby 
certifies,  that  the  foregoing  has  been  compared  with  the 
Original  Enrolled  Act  deposited  in  this  Office,  and  that  the 
same  is  a  true  and  correct  copy  thereof,  and  of  the  whole 
of  such  original. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
affixed  the  great  seal  of  the  State,  at  the  Capitol,  in  Madison, 
this  twenty-ninth  day  of  August,  A.  D.  one  thousand  eight 
hundred  and  sixty-five. 

LUCIUS  FAIRCHILD, 

Secretary  of  State. 


STATE  OF  WISCONSIN, 

Secretary’s  Office, 

The  Secretary  of  State  of  the  State  of  Wisconsin  hereby 
certifies,  that  the  following  has  been  compared  with  the 
Original  Enrolled  Act  deposited  in  this  Office,  and  that  the 
same  is  a  true  and  correct  copy  thereof,  and  of  the  whole 
of  such  original. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
affixed  the  great  seal  of  the  State,  at  the  Capitol,  in  Madison, 
this  fourth  day  of  September,  A.  D.  one  thousand  eight 
hundred  and  sixty-five. 

LUCIUS  FAIRCHILD, 

Secretary  of  State. 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


25 


Chapter  22  7. 

AN  ACT  to  Incorporate  the  Monroe  and  Dubuque 
Railroad  Mining  Company. 

The  People  of  the  State  of  Wisconsin ,  represented  in  Senate 
and  Assembly ,  do  enact  as  follows:  — 

Section  1.  Moses  M.  Strong,  James  H.  Earnest,  Asahel 
Einch,  Angus  Smith,  and  Robert  Patten,  and  their  associates 
and  successors,  are  hereby  constituted  a  body  corporate  and 
politic,  by  the  name  and  style  of  the  “  Monroe  and  Dubuque 
Railroad  Mining  Company,”  and  by  that  name  may  sue  and  be 
sued,  plead  and  be  impleaded,  answer  and  be  answered  unto,  in 
all  courts  of  law  and  equity :  may  have  a  common  seal,  and 
alter  and  renew  the  same  at  pleasure,  and  may  enjoy  all  the 
rights  and  privileges  incident  to  corporations  of  this  character, 
created  by  laws  of  this  State ;  and  the  said  corporation  shall 
have  the  power  to  purchase,  lease,  hold,  and  convey  personal 
and  real  estate  as  may  be  necessary  and  convenient  for  the 
purposes  of  the  corporation,  in  mining  and  smelting  lead  and 
other  ores,  and  for  no  other  purpose,  and  may  prosecute  the 
business  of  mining  and  smelting  in  LaFayette  and  Grant 
counties,  in  this  State. 

Sect.  2.  The  affairs  of  this  corporation  shall  be  managed 
by  a  board  of  directors,  the  number  of  which,  and  the  time 
and  mode  of  election,  may  be  prescribed  by  the  by-laws  of 
the  company  or  resolution  of  its  board  of  directors,  and  the 
corporators  hereinbefore  named  shall  be  the  first  board  of 
directors,  and  shall  hold  their  offices  until  others  are  elected ; 
and  if  any  vacancy  shall  occur  in  the  board  of  directors, 
it  may  be  filled  by  the  remaining  directors.  The  directors 
may  choose,  one  of  their  number  president,  and  shall  have 

4 


26 


CHARTER  AND  SCHEME. 


power  to  define  the  number  and  duties  of  the  officers  of  the 
company. 

The  said  corporation  shall  have  power,  by  its  board  of 
directors,  to  make  by-laws,  not  repugnant  to  the  constitution 
and  laws  of  this  State  or  of  the  United  States,  and  to  alter 
and  change  the  same  at  pleasure.  The  corporators  above- 
named,  or  a  majority  of  them,  may  hold  the  first  meeting,  for 
the  organization  of  the  company,  at  such  time  and  place  as  a 
majority  of  them  shall  agree  upon. 

Sect.  8.  The  capital  stock  of  this  corporation  shall  consist 
of  thirty  thousand  shares,  of  one  hundred  dollars  each,  and 
the  said  corporators,  acting  as  a  board  of  directors,  may 
prescribe  the  mode  and  manner  of  receiving  subscriptions  to 
the  said  capital  stock,  likewise  the  mode  and  manner  for  the 
payments  made  thereupon,  and  for  the  issue  of  the  certificates 
of  stock  therefor,  and  the  transfer  thereof,  from  time  to 
time,  as  shall  be  deemed  expedient. 

Sect.  4.  The  Monroe  and  Dubuque  Railroad  Company 
may  subscribe  for,  or  purchase,  and  may  own,  hold,  and 
transfer  stock  in  the  said  corporation. 

Sect.  5.  This  act  shall  take  effect,  and  be  in  force  from 
and  after  its  passage. 

(  Signed,) 

WM.  W.  FIELD, 

Speaker  of  the  Assembly. 

(  Signed,) 

WYMAN  SPOONER, 

President  of  the  Senate. 

Approved,  March  25,  1865. 

(  Signed,) 

JAMES  P.  LEWIS, 

Governor,  Wisconsin. 


ARTICLES  OF  AGREEMENT. 


1  .  ; 


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ARTICLES  OF  AGREEMENT 


Made  and  entered  into  this  twenty-fourth  day  of  Augusts 
in  the  year  eighteen  hundred  and  sixty-fouiyrby  and 
between  The  Milwaukee  and  Prairie  du  >  Chien 
Kailway  Company,  party  of  the  first  part,  ‘and  The 
Monroe  and  Dubuque  Railroad  Company,  party  of 
the  second  part.  These  articles  witness  as  follows  :  — 

First.  The  party  of  the  first  part  will  furnish  to  the 
party  of  the  second  part,  whenever  required  for  the  location 
or  construction  of  its  railroad,  accurate  copies  of  all  surveys, 
maps,  profiles,  and  diagrams  which  it  has  or  may  have  relative 
to  the  location  or  construction  of  a  railroad  between  Monroe, 
in  Green  County,  Wisconsin,  by  way  of  Shullsburg  and 
Benton  and  the  Mississippi  River,  in  Grant  County,  Wis¬ 
consin  ;  and  the  party  of  the  first  part  will  allow  the  party  of 
the  second  part  to  construct  its  railroad  over  any  land,  the 
right  of  way  upon  which  is  owned  by  the  party  of  the  first 
part,  and  the  party  of  the  first  part  shall  retain  its  title  to  the 
same  until  the  road  is  completely  built  and  surrendered  to 
the  party  of  the  first  part  under  this  lease,  when  it  shall  be 
conveyed  to  the  party  of  the  second  part,  and  if  the  road 
shall  not  be  completed  by  the  party  of  the  second  part,  then 
it  shall  acquire  no  right  or  title  to  such  right  of  way.  All 
outlays  by  the  party  of  the  first  part  for  surveys  had  or  to  be 
had  upon  said  line,  and  for  maps,  profiles,  and  diagrams,  are 


30 


CHARTER  AND  SCHEME  OF  THE 


to  be  charged  by  the  party  of  the  first  part  to  the  party  of  the 
second  part,  and  are  to  constitute  a  lien  upon  said  railroad, 
as  builders’  lien,  until  the  road  is  completely  built  and 
surrendered  to  the  party  of  the  first  part  under  this  lease ; 
and  when  so  surrendered,  settlement  for  such  outlays  to  be 
made :  and,  if  not  completed,  the  party  of  the  first  part  to 
retain  said  builders’  lien. 

<  '  r  ,  (  c  * 

/  ■  Vv'  *  1 

Second.  The  party  of  the  second  part  agrees  that  it  mil, 
by  or  before  the  first  day  of  January,  in  the  year  eighteen 
hundred  and  seventy,  construct  a  single  track  railroad  to  sub¬ 
grade  without  ballasting,  unless  it  shall  elect  to  do  the 
ballasting,  with  all  necessary  turn-outs  and  side-tracks  and 
appurtenances,  from  the  present  western  terminus  of  the 
railroad  of  the  party  of  the  first  part,  in  the  village  of 
Monroe,  in  Green  County,  Wisconsin,  to  the  left  bank  of  the 
Mississippi  River,  opposite  Eagle  Point,  in  the  city  of  Dubuque, 
Iowa,  according  to  the  specifications  to  be  furnished  by  the 
party  of  the  first  part ;  which  specifications  shall  be  reasonable, 
and  only  require  the  construction  of  a  road  corresponding 
with  the  present  road  of  the  party  of  the  first  part,  and  shall 
be  furnished  so  as  not  to  occasion  any  delay.  The  line  shall  be 
carefully  located  at  the  expense  of  the  party  of  the  second 
part,  and  the  location  and  grades  shall  be  approved  by  the 
party  of  the  first  part,  but  no  grades  shall  be  required  lower 
than  is  reasonably  consistent  with  the  topography  of  the 
country  on  the  route. 

Third.  The  party  of  the  first  part  shall  furnish  to  the 
party  of  the  second  part  all  wharfing  privileges  in  the  city  of 
Milwaukee,  which  it  may  reasonably  require  for  the  deposit 
of  Railroad  Iron,  and  of  other  materials  to  be  used  in  the 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


31 


construction  of  its  railroad ;  and  shall  also  furnish  to  the 
party  of  the  second  part  such  gravel,  platform,  and  dumping 
cars  as  it  can  spare  to  be  used  in  the  construction  of  said 
railroad,  and  also  such  motive-power  requisite  for  moving 
them  as  it  can  spare,  and  shall  pass  laborers,  for  the  con¬ 
struction  of  the  said  railroad,  over  the  railroad  of  the  party 
of  the  first  part,  viz: — in  going  to  said  work  but  not  in 
returning  from  it.  The  party  of  the  first  part  shall  ballast 
the  railroad  so  to  be  constructed  by  the  party  of  the  second 
part,  so  far  as  shall  be  deemed  necessary  by  the  party  of  the 
first  part,  unless  the  party  of  the  second  part  shall  elect 
so  to  ballast  it. 

The  party  of  the  second  part  shall  pay  to  the  party  of  the 
first  part  the  actual  cost  of  all  such  transportation  of  material, 
and  of  the  use  of  such  cars  and  motive-power,  and  the  cost  of 
such  ballasting,  in  manner  following,  to  wit :  —  all  rents 
herein  provided  to  be  paid  by  the  party  of  the  first  part  to  the 
party  of  the  second  part,  or  for  its  use  and  benefit ;  over  and 
above  the  sum  of  two  hundred  thousand  dollars  per  annum 
shall  be  appropriated  to  the  payment  of  such  cost  of  transpor¬ 
tation,  use  of  cars,  motive-power,  and  cost  of  ballasting,  so  far 
as  necessary  to  pay  the  same,  and  to  secure  the  payment  of 
any  deficiency  in  the  same,  the  party  of  the  second  part  will 
deposit  with  the  party  of  the  first  part  first  mortgage  bonds 
upon  its  said  railroad,  corresponding  with  such  deficiency,  to 
be  withdrawn  from  time  to  time,  as  such  deficiency  shall  be 
reduced  or  paid,  which  bonds  the  party  of  the  first  part  shall 
hold  until  it  shall  be  compelled  to  call  in  the  debt,  for  the 
security  of  which  they  are  held  for  the  purpose  of  enabling  it 
to  declare  dividends ;  and  shall  then,  before  selling,  give  to 
the  party  of  the  second  part  three  months’  notice  to  pay 
such  debt. 


CHARTER  AND  SCHEME  OF  THE 


Fourth.  The  party  of  the  second  part  hereby  leases  and 
lets  to  the  party  of  the  first  part,  perpetually,  or  for  the 
period  of  nine  hundred  and  ninety-nine  years,  the  absolute 
right  to  occupy,  operate,  use,  and  control  in  such  manner 
as  it  may  think  proper,  the  railroad  so  to  be  constructed  by 
the  party  of  the  second  part,  without  let  or  hindrance  by  it  : 
the  party  of  the  first  part  paying  therefor  such  sums  or  rents 
as  are  hereinafter  specified.  And  the  party  of  the  second 
part  hereby  grants  to  the  party  of  the  first  part  full  power 
and  authority  to  levy,  collect,  receive,  and  retain  all  such 
sums  for  the  transaction  of  business  upon  said  road  as  the 
party  of  the  second  part  is  or  may  be  authorized  to  levy, 
collect,  receive,  and  retain  ;  and  all  the  power  and  authority 
of  operating  said  road  which  the  party  of  the  second  part  has 
or  may  have,  and  will  give  any  further  assurance  or  writing 
obligatory  to  the  party  of  the  first  part  which  may  be  neces¬ 
sary  to  secure  to  it  the  powers  and  authority  hereby  intended 
to  be  granted ;  and  any  mortgage  or  deed  of  trust  which  may 
be  made  by  said  party  of  the  second  part  upon  said  road 
shall  be  made  subject  to  the  rights  and  estate  hereby  granted 
to  said  party  of  the  first  part. 

Fifth.  The  party  of  the  first  part  hereby  agrees  to 
operate  and  maintain  the  railroad  which  the  party  of  the 
second  part  may  construct  upon  the  aforesaid  line,  in  such 
manner,  and  with  such  rolling  stock  as  it  does  its  own  line 
between  Milwaukee  and  Monroe,  and  whenever  any  continu¬ 
ous  section  of  such  railroad  nearest  to  Monroe,  the  traffic  on 
which  will,  in  the  opinion  of  the  party  of  the  first  part,  fully 
cover  the  cost  of  operating  it  shall  be  ready  for  operation,  it 
agrees  to  operate  the  same  in  manner  aforesaid,  and  so  on  from 
time  to  time  until  the  whole  of  said  line  shall  be  ready  for 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


33 


operation.  The  party  of  the  first  part  shall  establish  and 
maintain  such  tariff  of  charges  for  freight  and  passengers  as 
will,  with  reference  to  competition  or  other  circumstances,  be 
calculated  to  yield  the  largest  amount  of  income. 

Whenever  additional  facilities  become  necessary  for  in¬ 
creased  business  or  for  original  business,  and  not  properly 
provided  in  the  original  building,  the  same  may  be  made  by 
the  party  of  the  first  part,  and  charged  as  maintainance  of 
road  or  as  operating  expenses,  and  retained  by  the  party  of  the 
first  part  out  of  the  gross  earnings  ;  provided  that  the  rents  to 
be  paid  under  this  contract  shall  not  thereby  be  reduced 
below  the  sum  of  two  hundred  thousand  dollars  per  annum ; 
and  the  same  shall  cover  wanting  or  defective  station-buildings, 
side  track,  or  any  other  missing  or  defective  construction  not 
done  or  improperly  done  in  the  original  building,  and  shall  be 
only  such  as  are  reasonable  and  necessary. 

Sixth.  The  party  of  the  first  part  shall  keep  accounts 
subject  to  the  inspection  of  the  party  of  the  second  part, 
exhibiting  separately  the  income  derived  from  all  sources 
in  the  operation  of  the  Monroe  and  Dubuque  Railroad,  as  also 
the  cost  of  operating  .the  same,  discriminating  between  the 
cost  of  the  use  and  maintenance  of  rolling-stock  and  other 
operating  expenses.  All  taxes  levied  or  assessed,  by  lawful 
authority,  shall  be  paid  by  the  party  of  the  first  part,  and 
charged  as  part  of  operating  expenses. 

Seventh.  The  party  of  the  second  part  may  issue  bonds 
bearing  interest  not  exceeding  seven  per  cent,  with  sinking 
fund,  secured  by  a  mortgage  or  deed  of  trust  of  its  railroad, 
for  such  sums  as  it  may  think  proper  ;  and  may  issue 
preferred  stock  for  such  an  amount  as  it  may  think  proper ; 

5 


34 


CHARTER  AND  SCHEME  OF  THE 


entitled  to  dividends  not  exceeding  eight  per  cent.,  provided 
that  the  aggregate  of  such  bonds  and  preferred  stock  shall  not 
exceed  two  million  five  hundred  thousand  dollars.  The 
trustees  in  such  mortgage  shall  be  approved  by  the  party  of 
the  first  part,  and  no  such  bonds  shall  be  issued  except  under 
the  signature  of  said  trustees,  and  such  bonds  and  preferred 
stock  shall  be  issued  only  as  the  work  progresses,  or  as 
material  has  been  bona-fide  bought  and  paid  for,  and  any  such 
mortgage  or  deed  of  trust  shall  be  subject  to  the  rights  of  the 
party  of  the  first  part  under  this  lease. 

Eighth.  The  party  of  the  first  part  agrees  to  pay  to  the 
party  of  the  second  part  or  to  the  trustee  or  trustees  to  be 
named  in  any  mortgage  or  deed  of  trust  hereafter  to  be 
executed  upon  said  railroad,  by  said  party  of  the  second  part, 
for  the  use  and  benefit  of  the  party  of  the  second  part  as 
rents,  for  the  use  and  operation  of  the  railroad  so  to  be 
constructed  by  the  party  of  the  second  part,  the  following 
sums,  and  in  the  following  manner,  to  wit :  — 

1st.  The  total  gross  receipts  which  shall  result  from  the 
operation  of  the  Monroe  and  Dubuque  Railroad,  deducting 
therefrom  only  the  reasonable  expenditures  actually  and 
necessarily  incurred  in  maintaining  the  said  railroad  and  its 
appurtenances,  and  in  operating  the  same,  except  the  use  and 
maintenance  of  the  rolling-stock ;  for  which  use  and  mainte¬ 
nance  of  the  rolling-stock  the  party  of  the  first  part  is  only  to 
be  paid  when  such  payment  will  not  reduce  the  rents  to  be 
received  by  the  party  of  the  second  part  under  this  contract, 
below  the  sum  of  two  hundred  thousand  dollars  per  annum. 

2d.  Ten  per  centum  upon  the  total  gross  receipts  which 
shall  be  derived  by  the  party  of  the  first  part  from  the 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


35 


operation  of  any  part  of  its  present  line  of  railway  from 
business  which  may  come  from,,  or  which  may  go  to,  the 
railroad,  so  to  be  constructed  by  the  party  of  the  second 
part,  which  business,  in  order  to  entitle  the  party  of  the 
second  part  to  such  rebatement  of  ten  per  centum,  shall  be 
profitable,  and  such  ten  per  centum  shall  in  no  case  be  paid 
to  said  party  of  the  second  part,  if  the  payment  would  involve 
the  party  of  the  first,  part  in  any  positive  loss  on  the  business 
so  transacted.  Accounts  under  this  contract  shall  be  made 
up  monthly,  and  be  presented  to  the  President  of  the  Monroe 
and  Dubuque  Railroad  Company  as  soon  as  may  be,  after  the 
close  of  each  month,  and  payments  of  all  sums  which  may  be 
payable  by  virtue  of  this  contract  shall  be  made  to  the  fore- 
named  trustees,  semi-annually,  on  the  eighteenth  day  of  each 
January  and  each  July.  Of  the  sums  which  may  be  so  paid  as 
rents  as  aforesaid,  the  sum  of  two  hundred  thousand  dollars 
per  annum  shall  be  paid  to  said  trustees,  and  be  by  them 
semi-annually  on  the  first  day  of  each  February  and  each 
August  appropriated :  — 

1st.  To  the  payment  and  discharge  of  any  interest  or 
sinking  fund  upon  any  bonds,  debentures,  or  obligations  of  the 
party  of  the  second  part,  which,  by  the  terms  and  conditions 
of  any  mortgage  or  deed  of  trust,  may  be  made  by  the  party 
of  the  second  part,  shall  become  due  and  payable. 

2d.  To  the  payment  of  any  dividends  upon  any  preferred 
stock  which,  by  the  terms  upon  which  such  stock  shall  be 
issued,  shall  become  due  and  payable ;  and  so  much  of  any 
sum  as  shall  be  payable  to  the  party  of  the  second  part,  by 
virtue  of  this  lease,  over  and  above  said  sum  of  twTo  hundred 
thousand  dollars  per  annum,  as  will  be  requisite  to  pay  to  the 
party  of  the  first  part,  the  sums  which  may  become  payable 


36 


CHARTER  AND  SCHEME  OF  THE 


to  it,  under  this  contract,  shall  be  retained  by  said  party  of 
the  first  part.  The  remainder  of  the  sum,  which  shall  be 
payable  as  rents  under  this  contract,  shall  be  paid  directly  to 
said  party  of  the  second  part. 

Ninth.*  The  party  of  the  second  part  agrees  that  the 
party  of  the  first  part  may,  at  any  time,  at  its  option,  have  the 
right  to  purchase,  own,  and  control,  for  its  own  use  and 
benefit,  the  railroad  of  the  party  of  the  second  part,  together 
with  all  its  rights,  franchises,  and  immunities,  upon  the 
following  terms  and  conditions,  to  wit :  — 

1st.  The  party  of  the  first  part  shall  assume  and  under¬ 
take  and  become  responsible  to  pay,  and  discharge  all  the 
debts,  bonds,  debentures,  and  liabilities,  which,  at  the  time  of 
the  exercise  of  such  option  may  exist  against  the  said  party 
of  the  second  part,  shall  have  arisen  out  of,  or  been  created 
in  consequence  of,  the  construction  of  said  railroad. 

2d.  The  party  of  the  first  part  shall  pay  the  par  value  of 
all  preferred  stock  which  shall  have  been  issued  by  the  party 
of  the  second  part,  and  be  at  that  time  outstanding,  or,  at  the 
election  of  the  party  of  the  first  part,  issue  to  the  holders  of 
such  stock,  and  in  exchange  therefor,  a  corresponding  amount 
of  either  class  of  preferred  stock  in  the  Milwaukee  and 
Prairie  Du  Chi'en  Pailway  Company,  the  market  price  of 
which  shall,  at  the  time  of  such  exchange,  be  par,  or  above 
par :  provided  that  the  total  amount  of  such  debts,  bonds, 
debentures,  liabilities,  and  preferred  stock,  shall  not,  at  the 
time  of  the  exercise  of  such  option,  exceed  the  sum  of  two 
million  five  hundred  thousand  dollars,  and 

3d.  The  party  of  the  first  part  shall  issue  to  the  holders 
of  the  common  stock  of  the  Monroe  and  Dubuque  Railroad 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


37 


Company,  certificates  of  full  paid  common  stock  in  the 
Milwaukee  and  Prairie  du  Chien  Pailway  Company,  for  an 
amount  corresponding  with  such  common  stock  of  the  Monroe 
and  Dubuque  Pailroad  Company,  provided  that  the  amount 
of  common  stock  to  be  thus  exchanged  shall  not  exceed  five 
hundred  thousand  dollars. 

Tenth.  The  party  of  the  second  part  shall  have  the  right 
to  appoint  an  auditor  who,  in  conjunction  with  an  auditor  to 
be  appointed  by  the  party  of  the  first  part,  or  alone,  if  the 
party  of  the  first  part  shall  neglect  or  refuse  to  appoint  such 
auditor,  shall  have  full  authority  to  examine  all  the  accounts 
of  transactions  in  which  the  party  of  the  second  part  shall  be 
interested,  and  ascertain  and  report  to  the  party  of  the  second 
part  the  amount  of  receipts  from  all  business  transactions  on 
the  Monroe  and  Dubuque  Pailroad  line,  as  well  as  the  cost 
of  operating  and  maintaining  the  same,  and  also  the  receipts 
upon  the  present  line  of  railroad  of  said  party  of  the  first 
part,  from  business  to  or  from  the  Monroe  and  Dubuque 
Pailroad,  together  with  operating  expenses. 

Eleventh.  If  at  any  time  before  the  first  day  of  January, 
eighteen  hundred  and  sixty-seven,  the  party  of  the  second 
part  shall  find  itself  unable  to  construct  the  said  railroad,  it 
may  give  notice  of  the  same  in  writing,  under  its  corporate 
seal,  to  the  party  of  the  first  part,  and  from  thenceforth  these 
articles  of  agreement  shall  be  null  and  void,  and  the  said 
Monroe  and  Dubuque  Pailroad  Company  shall  not  be  liable, 
nor  shall  any  of  its  stockholders  be  liable  to  any  responsibility 
or  damage  for  any  neglect  or  failure  so  to  construct  it ;  and 
said  party  of  the  second  part  shall,  for  the  period  of  two  years 
thereafter,  waive  in  favor  of  the  party  of  the  first  part  all  its 


38 


CHARTER  AND  SCHEME  OF  THE 


rights  under  its  charter,  and  if,  during  that  period,  the  party 
of  the  first  part  shall  not  have  commenced  the  construction  of 
said  road  by  acquiring  the  right  of  way,  and  have  expended 
twenty  thousand  dollars  in  such  construction,  or  shall  not, 
after  so  commencing,  have  completed  said  road  by  the  first 
day  of  January,  eighteen  hundred  and  seventy- two,  the  party 
of  the  second  part  shall  be  restored  to  all  its  chartered  rights ; 
and  whenever  such  notice  shall  be  given,  the  party  of  the 
first  part  shall  have  the  right  to  purchase  such  unfinished 
railroad,  and  all  the  rights,  franchises,  and  immunities  of  said 
party  of  the  second  part,  upon  paying  to  it  the  amount 
expended  for  right  of  way,  and  the  additional  sum  of  ten 
thousand  dollars,  for  services,  in  obtaining  the  same  on  entire 
line,  or  proportionate  amount  for  part  of  line,  and  the  cost  of 
all  work  done  by  it  in  the  construction  of  said  railroad,  and 
the  party  of  the  first  part  may  thereupon  proceed  to  complete 
said  railroad  on  its  own  account. 

Twelfth.  This  document  to  stand  as  agreement  to  lease, 
until  the  Monroe  and  Dubuque  Railroad  Company  shall  have 
built  and  delivered  over  whole,  or  any  part  of  the  proposed 
line,  when  it  shall  become  a  binding  lease,  and  the  requisite 
stamps  shall  be  affixed. 

In  witness  whereof,  these  articles  are  signed  the  day  and 
year  first  above-named,  by  L.  H.  Meyer,  president  of  the 
Milwaukee  and  Prairie  du  Chien  Railway  Company,  in 
pursuance  of  the  authority  conferred  by  the  Directors  of  said 
company,  and  by  Moses  M.  Strong  and  James  H.  Earnest, 
a  committee  of  the  Monroe  and  Dubuque  Railroad  Company, 
thereunto  duly  authorized  by  a  resolution  of  the  directors  of 
said  company  hereunto  affixed,  and  the  said  articles  are  to 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


39 


be  engrossed  and  duly  executed  by  the  president,  and  attested 
by  the  secretary  of  each  company,  and  the  seals  of  each 
company  to  be  affixed. 


MOSES  M.  STRONG, 

J.  H.  EARNEST, 

Committee  of  Monroe  and  Dubuque  R.  R.  Co. 
L.  H.  MEYER, 

President  Milwaukee  and  Prairie  du  Chien  Railway  Co. 

The  foregoing  articles  of  agreement  having  been  engrossed, 
are  now  on  this  third  day  of  November,  in  the  year  eighteen 
hundred  and  sixty-four,  signed  by  L.  H.  Meyer,  president 
of  the  Milwaukee  and  Prairie  du  Chien  Railway  Company, 
and  by  Moses  M.  Strong,  president  of  the  Monroe  and 
Dubuque  Railroad  Company,  and  attested  by  the  secretaries 
of  each  of  said  companies,  with  the  corporate  seals  of  each 
of  said  companies  affixed  hereto. 

The  Milwaukee  and  Prairie  du  Chien  Railway  Co.,  by 
[  l.  s.]  L.  H.  MEYER,  President. 

WM.  TAINTOR,  Secretary, 

Milwaukee  and  Prairie  du  Chien  Railway  Co. 

The  Monroe  and  Dubuque  Railroad  Co.,  by 

[l.  s.]  MOSES  M.  STRONG,  President. 

A.  FINCH,  Secretary  Fro  tern, 

Monroe  and  Dubuque  R.  R.  Co. 


40 


CHARTER  AND  SCHEME. 


This  is  to  certify,  that  at  a  meeting  of  the  board  of 
directors  of  the  Monroe  and  Dubuque  Railroad  Company, 
held  on  the  eighth  day  of  June,  eighteen  hundred  and  sixty- 
four,  the  following  resolution  was  unanimously  adopted  by 
the  board,  that  is  to  say  :  — 

Resolved,  That  Moses  M.  Strong  and  James  H. 
Earnest  be,  and  they  hereby  are  appointed  a  committee, 
with  all  the  power  and  authority  of  the  board  to  enter  into 
any  contract  or  contracts  with  the  Milwaukee  and  Prairie  du 
Chien  Railway  Company,  which,  in  their  judgment,  they  may 
deem  expedient  and  for  the  interest  of  this  company,  and 
they  are  hereby  invested  with  full  power  and  authority  to 
make  and  execute,  on  behalf  of  this  company,  all  necessary 
papers  in  relation  thereto. 

In  witness  whereof,  I  have  hereunto  set  my  hand  this 
twentieth  day  of  June,  eighteen  hundred  and  sixty-four. 


[  seal.] 


A.  PINCH,  Secretary  Pro  tem . 


CONDENSED  STATEMENT 


OF  THE 


CONDITION  AND  PROSPECTS 

OF  THE 


MONROE  AND  DUBUQUE  RAILROAD. 


•,  • 


* 


. 


# 

1 


. 


CONDENSED  STATEMENT 

i 

OF  THE 

CONDITION  AND  PROSPECTS 

OF  THE 

MONROE  AND  DUBUQUE  RAILROAD. 


The  main  line  of  the  Milwaukee  and  Prairie  du  Chien 
Railroad  extends  from  Milwaukee  to  the  Mississippi  River 
at  Prairie  du  Chien,  a  distance  of  192  miles.  At  Milton 
Junction,  62  miles  from  Milwaukee,  the  Southern  branch 
leaves  the  main  line  and  runs  through  Janesville  to  Monroe, 
in  Greene  county,  which  is  105  miles  from  Milwaukee  and  62 
miles  from  Dubuque. 

At  Dubuque,  an  extensive  system  of  railroads  is  concen¬ 
trated,  supplying  with  railroad  facilities  the  State  of  Iowa, 
west,  south-west,  and  north-west  from  Dubuque,  many  miles 
of  which  are  now  in  operation,  to  which  will  soon  be  added 
many  other  miles,  embracing  a  connection  through  Nebraska 
with  the  Central  Pacific  Railroad. 

The  end  which  the  Monroe  and  Dubuque  Railroad  Company 
seeks  to  accomplish  is  to  supply  that  short  wanting  link, 
between  Monroe  and  the  Mississippi  River,  in  this  great  chain 
of  railway  communication,  and  thereby  furnish  the  shortest 
possible  route  from  Dubuque  to  Milwaukee,  and  also  another 
route  from  Dubuque  to  Chicago  via  Janesville,  which  will  be 
shorter  than  the  present  one. 


44 


CHARTER  AND  SCHEME  OF  THE 


For  this  purpose  a  charter  has  been  granted,  a  company 
organized,  and  a  preliminary  survey  of  the  route  been  made. 

On  the  24th  of  August,  1864,  a  contract  of  lease  was 
entered  into  between  the  Milwaukee  and  Prairie  du  Chien 
Railway  Company  and  the  Monroe  and  Dubuque  Railroad 
Company. 

On  the  3d  of  November,  1864,  the  contract  having  been 
engrossed,  was  formally  executed  by  the  two  companies  by 
the  signatures  of  their  respective  presidents,  attested  by  the 
secretaries,  with  the  corporate  seals  of  the  companies  affixed. 

The  material  and  substantial  provisions  of  this  contract 
are  as  follows  :  — 

1st.  That  the  M.  &  D.  Co.  shall,  by  January  1,  1870, 
construct  a  single  track  railroad,  to  sub-grade,  with  all 
necessary  turn-outs,  side-tracks,  and  appurtenances,  from 
Monroe,  in  Greene  county,  via  Shullsburg  and  Benton,  to 
the  left  bank  of  the  Mississippi  River,  opposite  Eagle  Point, 
in  Dubuque,  Iowa. 

2d.  The  M.  &  D.  Co.  leases  and  lets  to  the  M.  &  P.  du 
C.  Co.  perpetually,  the  right  to  occupy,  operate,  use,  and 
control  such  railroad.  v 

'■<r- 

3d.  The  M.  &  P.  du  C.  Co.  agree  to  operate  and  maintain, 
at  their  own  cost,  the  railroad,  or  any  continuous  portion  of 
it,  which  will  cover  cost  of  operating. 

4th.  The  M.  &  P.  du  C.  Co.  agree  to  pay  to  M.  &  D.  Co., 
or  to  trustees,  for  its  use,  as  rents  for  the  use  and  operation 
of  the  railroad  so  to  be  constructed,  as  follows:  “First, 
The  total  gross  receipts  which  shall  result  from  the  operation 
of  the  M.  &  D.  R.  R.,  deducting  therefrom  only  the  reason¬ 
able  expenditures  actually  and  necessarily  incurred  in  main¬ 
taining  the  said  R.  R.  and  its  appurtenances,  and  in  operating 
the  same,  except  for  the  use  and  maintenance  of  the  rolling 
stock.”  “  Second,  Ten  per  centum  upon  the  whole  gross 
receipts,  which  shall  be  derived  by  the  M.  &  P.  du  C.  Co. 
from  the  operation  of  any  part  of  its  present  line  of  railway. 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


45 


from  business  which  may  come  from,  or  which  may  go  to,  the 
railroad  of  M.  &  D.  Co.” 

5th.  The  M.  &  P.  du  C.  Co.  have  the  right  at  any  time 
to  purchase  and  own  the  railroad  of  M.  &  D.  Co.,  on  the 
following  terms  :  First ,  Assume  and  pay  all  the  debts,  bonds, 
debentures,  and  liabilities,  which  at  the  time  of  purchase  exist 
against  M.  &  D.  Co.,  and  which  result  from  construction  of 
railroad.  Second,  Pay  the  par  value  of  all  preferred  stock, 
issued  by  M.  &  D.  Co.,  and  then  outstanding :  Provided, 
That  the  total  amount  of  such  debts,  bonds,  debentures, 
liabilities,  and  preferred  stock  should  not  exceed  $  2,500,000. 
Third,  The  M.  &  P.  du  C.  Co.,  to  exchange  its  common 
stock,  for  common  stock  of  M.  &  D.  Co.,  for  amount  not 
exceeding  $  500,000. 

The  contract  contains  some  other  provisions  of  less  import¬ 
ance,  relating  to  the  facilities  to  be  extended  by  M.  &  P.  du 
C.  Co.  to  M.  &  D.  Co.,  in  the  survey  and  location  of  the  line  ; 
grant  of  right  of  way ;  wharfing  privileges ;  use  of  rolling 
stock  and  motive  power  in  construction  ;  free  pass  of  laborers, 
and  in  relation  to  ballasting  the  road,  and  also  as  to  the 
specifications  for  the  construction  of  the  road,  and  for  fixing 
the  location  and  grades.  For  particulars,  as  to  these  matters, 
reference  is  made  to  the  contract  itself. 

It  is  apparent  that  the  value  of  this  contract  to  the  Monroe 
and  Dubuque  Company,  as  well  as  the  ability  of  the  company 
to  raise  the  means  for  the  construction  of  the  road,  upon  the 
strength  of  the  contract,  depends  upon  two  considerations : — 

1st.  The  cost  of  the  road. 

2d.  The  amount  of  business  which  the  road  will  transact 
when  completed,’  and,  as  a  consequence,  its  income,  both 
from  business  on  its  own  road  and  from  the  per  centage  it  will 
receive  from  business  on  the  Milwaukee  and  Prairie  du  Chien 
Railroad . 


46 


CHARTER  AND  SCHEME  OF  THE 


First.  —  Cost  of  the  Road. 

Nothing  but  a  preliminary  survey  has  as  yet  been  made  ; 
and,  although  on  a  large  part  of  the  line,  it  is  believed  the 
permanent  location  will  follow  the  preliminary  line  with  little 
variation,  it  is  known  that  in  some  parts  very  great  improve¬ 
ments  in  the  location  can  be  made,  materially  reducing  the 
cost. 

Again,  the  value  of  the  currency,  and  the  cost  of  labor  and 
material,  are  subject  to  such  constant  fluctuations  that  no 
reliable  estimate  of  the  cost  of  construction,  at  any  given  time, 
can  be  made,  based  upon  the  price  of  labor  and  materials  at 
any  other  time.  As,  however,  the  Company  have  five  years 
in  which  to  construct  the  road,  it  is  believed  that  it  can  be 
finished  within  that  time,  at  a  cost  not  greater  than  that  here 
estimated. 

The  total  length  of  the  main  line  from  Monroe  to  the  left 
bank  of  the  Mississippi  River,  according  to  the  preliminary 
survey,  is  59  miles  and  1980  feet;  equal  to  59 miles. 
The  calculations  of  cost  are  based  upon  a  road  built  to  sub¬ 
grade ,  with  embankments  18  feet  wide  at  top,  with  side -slopes 
lj  to  1 ;  and  excavations  20  feet  wide  on  the  bottom,  with 
slopes  1J  to  1. 

With  such  improvements  upon  the  preliminary  line,  as  it 
is  known  can  be  made  in  the  final  location,  it  is  estimated  that 
the  total  amount  of  excavation,  including  the  amount  necessary 
to  be  borrowed  for  embankments,  will  amount  to  about  two 
million  (  2,000,000  )  cubic  yards,  of  which  about  one-tenth 
(200,000  cubic  yards,)  it  is  estimated,  will  be  rock  excavation. 

The  amount  of  masonry  will  be  —  in  arch  culverts,  about 
2,000  yards  ;  in  open  culverts,  about  2,500  yards ;  and  for 
bridge  abutments,  about  1,600  yards. 

The  amount  of  bridging  will  be  about  150  feet  of  Howe 
Truss,  about  450  feet  of  common  bridging,  and  about  1,460 
feet  ol  pile  bridging.  In  some  portions  of  the  work,  trestle 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


47 


bridging  can  probably  be  advantageously  substituted  for  em¬ 
bankment. 

The  other  elements  of  the  cost  of  the  road  will  not  vary 
materially  from  other  roads. 

The  sum  at  which  the  cost  of  this  road  is  estimated,  in 
view  of  the  amount  of  work  as  stated  above,  and  the  cost  of 
labor  and  material,  is  $  30,000  per  mile  of  main  line,  which 
includes  the  necessary  side  track,  and  all  other  appurtenances 
required  by  the  contract. 

Second.  —  Amount  of  Business  and  Income. 

We  refer  to  the  official  reports  of  the  Illinois  Central  Bail- 
road,  showing  the  amount  of  freights  forwarded  from  and 
received  at  the  several  stations  on  that  road,  from  which 
business  would  be  diverted  to  this.  Those  stations  are  Dun- 
leith,  Galena,  Council  Hill,  Scales  Mound,  Apple  River,  and 
Warren,  not  to  include  Nora  and  Lena,  a  considerable  portion 
of  the  business  of  which  would  also  be  tributary  to  our  road. 
From  our  knowledge  of  the  sources  from  whence  the  business 
of  these  stations  is  derived,  we  feel  warranted  in  saying  that 
three-fourths  of  all  the  business  at  all  those  stations,  except 
Dunleith,  would  go  upon  our  road  if  finished,  and  we  think 
it  safe  to  estimate  that  one-half  of  the  business  of  Dunleith 
would  also. 

The  following  table  exhibits  the  business  of  those  stations 
for  the  year  1863  :  — 


STATIONS. 

Pounds  of 
freight 
received. 

Pounds  of 
freight 
forwarded. 

Total  both 
ways. 

Proportion 
of  freight  to 
pass  over 

M.  &  D.  R.R. 

Dunleith . 

Galena . 

Council  Hill . 

Scales  Mound . 

Apple  River . 

Warren . 

Total . 

45,750,280 

19,552,700 

997,490 

1,398,700 

4,436,230 

16,991,290 

200,357,650 

65,329,810 

5,289,950 

3,996,200 

7,920,280 

50,732,150 

246,107,930 

74.882.510 
6,287,440 
5,394,900 

12.356.510 
67,723,440 

123,053,965 

56,161,882 

4,715,580 

4,046,175 

9,267,383 

50,792,580 

248,037,565 

124,018! 

Equal  in  tons  to . '. . 

48 


CHARTER  AND  SCHEME  OF  THE 


The  proportion  of  freight  both  ways  on  the  Illinois  Central 
Railroad,  which  it  is  estimated  would  go  over  the  Monroe  and 
Dubuque  Railroad,  is  124,018f  tons. 

This,  at  an  average  rate  of  $  2.50  per  ton,  would 
be . $  310,048 

The  freights  which  passed  over  the  Mineral  Point 
Railroad  in  1863,  were  26,500  tons.  It  is  estimated 
that  one-half  of  this  would  pass  over  the  Monroe 
and  Dubuque  Railroad  —  say  13,250  tons,  at  $  1.50 
per  ton, . 19,875 

Passenger  receipts,  estimated  at  $  1,500  per  mile, 
on  60  miles, .  90,000 

Express  and  mail,  estimated  at  $  200  per  mile  per 
annum, .  12,000 

Total  estimated  receipts  of  M.  &  D.  R.  R.  .  $431,923 

Estimated  receipts  of  Milwaukee  and  Prairie  du  Chien 
Railway :  — 

Total  freights  over  road  estimated  at  137,268  tons.  Of 
which  it  is  estimated  that  one-fourth  would  pass  over  only 
35  miles  of  the  road,  viz :  between  Monroe  and  Chicago,  and 
the  other  three-fourths  over  the  whole  line  between  Monroe 


and  Milwaukee,  105  miles, 
i  of  137,268  tons  is  102,951  tons  ;  at  $4.50 

per  ton,  is . $463,279.50 

i  of  137,268  tons  is  34,317  tons  ;  at  $  1.50 

per  ton,  is .  51,475.50 

Passenger  receipts  from  M.  &  D.  R.  R.,  esti¬ 
mated  at  $400  per  mile,  on  105  miles,  is  .  42,000.00 


Total  estimated  receipts  of  M.  &  P.  du  C.  R.W.,  $  556,755.00 

It  is  of  course  impossible  to  tell,  in  advance,  what  portion 
of  the  receipts  upon  the  M.  &  D.  R.  R.  will  be  requisite  to 
pay  operating  expenses,  and  for  maintenance  of  road,  but  for 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


49 


the  first  few  years,  while  the  road  is  new,  and  especially  if 
nothing  is  retained  for  use  of  rolling  stock,  it  is  believed  that 
forty  per  cent,  of  the  gross  receipts  will  cover  expenses  of 
operating  and  maintaining  road.  After  the  road  shall  have 
been  in  use  several  years,  and  these  expenses  become  greater, 
the  gross  receipts  will  have  so  far  increased,  that  although 
the  proportion  of  net  receipts  may  be  smaller,  it  is  believed 
that  the  aggregate  receipts  for  rents  under  the  contract  will 
not  be  diminished. 

Assuming  that  the  net  receipts  of  the  M.  &  D.  R.  R.  Co. 
under  the  contract  shall  be  only  fifty  per  cent,  of  its  gross 
earnings,  the  amount  will  be  one-half  of  $431,923,  which 

is . $215,961.50 

Add  10  per  cent,  of  receipts  of  M.  &  P.  du 
C.  Co.,  being  one-tenth  of  $556,755,  which  is  55,675.50 

Total  receipts  of  M.  &  D.  Co.  for  rents,  under 

contract, . $271,637.00 

If  the  nefc"receipts  under  the  contract  should 
be  60  instead  of  50  per  cent.,  it  would  increase 
the  rents .  43,192.30 


Making  a  total  of . .  $314,829.30 

It  is  not  supposed  that  these  figures  will  he  exactly  verified 
by  results.  They  may  be  somewhat  too  large,  or  may  prove 
to  be  under  estimates.  However  that  may  be,  the  utmost 
confidence  is  felt  and  expressed,  that  in  no  contingency  can 
the  net  receipts  for  rents,  under  the  contract,  ever  be  reduced 
below  $  200,000  per  annum. 

The  railroad  company  offer  a  limited  number  of  shares  of 
preferred  stock  for  sale  at  par,  and  by  an  arrangement  with  the 
Monroe  and  Dubuque  Railroad  Mining  Company  are  enabled 
to  furnish,  on  reasonable  terms  to  subscribers  and  stockholders 
of  the  railroad  company,  an  equal  number  of  shares  of  full 
paid  stock  in  the  mining  company.  As  soon  as  the  capital  can 

7 


50 


CHARTER  AND  SCHEME  OF  THE 


be  raised,  the  road  will  be  built  and  put  in  running  order. 
Two  years  at  furthest  it  is  estimated  will  be  ample  time  to 
complete  the  road. 

The  Mining  Company. 

Auxiliary  to  the  Monroe  and  Dubuque  Railroad  Company, 
a  mining  company  with  a  capital  of  $  3,000,000  has  been 
chartered.  As  the  railroad  runs  directly  through  the  heart  of 
the  Lead  Region  of  the  Upper  Mississippi,  in  its  construction, 
veins  of  lead  and  zinc  ores  will  undoubtedly  be  disclosed. 
It  is  the  purpose  of  the  mining  company  to  acquire  all  these 
veins,  from  time  to  time,  as  they  may  be  discovered,  and  to 
work  them,  some  by  means  of  adits,  levels,  and  tramways,  and 
to  lease  or  sell  others  to  parties  who  will  render  them  produc¬ 
tive,  and  also  to  purchase  the  fee  and  the  mining  rights  to 
fully  developed  mineral  lands  along  the  line  of  the  M.  &  D. 
R.  R. 

This  mining  company  proposes  immediately  to  work  a  heavy 
force  of  miners  and  to  erect  a  commodious  smelting  works  at  or 
near  Shullsburgh,  on  the  line  of  the  railway.  The  directors 
of  the  company  are  connected  with  several  of  the  most  suc¬ 
cessful  mining  enterprises  in  this  region,  and  are  familiar  with 
all  the  requisites  for  a  successful  enterprise. 

It  is  the  design  of  the  mining  company  to  raise  enough 
galena,  calamine,  and  blende,  to  repay  the  entire  capital 
invested  in  the  construction  of  the  Monroe  and  Dubuque 
Railroad,  before  the  first  day  of  January,  1870.  To  attain 
this  result,  capital  is  requisite  to  purchase  paying  mineral 
grounds  along  the  line  of  the  railroad,  and  to  furnish  a  work¬ 
ing  capital  for  the  purchase  of  tramways,  tools,  &c.,  &c.,  and 
to  pay  the  expenses  of  preparing  the  mines  so  that  a  heavy 
force  can  be  advantageously  worked  upon  them. 

The  foregoing  map  of  the  lead  region  shows  at  a  glance  the 
magnitude  and  importance  of  the  enterprise,  and  the  immense 
advantages  to  be  reciprocally  gained  by  both  the  railroad  and 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


51 


the  mining  companies,  in  the  successful  and  earnest  prosecution 
of  the  work  allotted  to  each.  The  subscribers  to  the  stock 
of  the  railroad  company  will  become  holders  of  full  paid 
stock  in  the  mining  company  upon  very  easy  terms.  To 
others,  the  stock  in  the  mining  company  will  be  disposed  of 
only  at  par.  Subscribers  can  have  either  preferred  or  common 
stock  in  the  railroad  company.  The  common  stockholders 
have  the  right  of  purchasing  the  preferred  stock  and  becoming 
the  sole  owners  of  the  road  and  its  appurtenances. 

The  directors  of  these  companies  pledge  themselves  to 
earnest  and  well-directed  labors  in  behalf  of  their  trusts,  and 
assure  stockholders  that  at  an  early  day  the  road  shall  be 
completed,  and  the  mineral  lands  of  Wisconsin  yielding 
largely  to  supply  the  increasing  demand  for  Lead  and  Zinc 
throughout  the  Northwest  and  the  South. 

The  recent  discoveries  of  veins  of  Lead  and  Zinc  ores 
throughout  the  Lead  region,  by  an  application  of  the  laws 
which  regulate  their  deposition,  and  the  peculiar  adaptation 
of  the  surface  of  the  country  to  the  use  of  adits,  levels,  and 
tramways,  show  that  the  production  of  Lead  and  Zinc  in  the 
United  States  is  reduced  to  a  question  of  capital  and  force. 
Lead  mining  is  no  longer  a  speculation  dependent  upon  the 
discovery  of  rich  lodes  for  its  success.  Although  “  diggings  ” 
have  been  worked  for  many  years,  in  Wisconsin,  yet  they 
only  serve  to  show  the  scientific  and  practical  miner  where 
other  and  richer  deposits  of  Galena  exist,  and  enable  him  to 
avail  himself  of  these  many  years  of  labor  to  direct  capital 
and  force  in  developing  mines  which,  if  properly  managed 
and  worked,  must  far  excel  those  of  Europe  ;  mines  which 
may  be  worked  for  centuries  without  exhaustion,  and  capable 
of  supplying  the  entire  demand  for  Lead  and  Zinc  at  home. 

Next  to  Iron,  Lead  is  the  most  useful  and  important  metal 
to  the  mechanic  arts.  For  roofing,  plumbing,  type-metal, 
packing,  for  painting  and  many  other  uses,  no  substitute  can 
be  found.  Although  immense  deposits  exist  in  the  United 
States,  yet  it  is  a  fact  worthy  of  the  serious  attention  of  capi- 


52 


CHARTER  AND  SCHEME. 


talists,  that  nine-tenths  of  all  the  Lead  consumed  annually  in 
the  United  States  is  imported. 

The  amount  of  currency  now  in  circulation  in  this  country 
is  about  one  thousand  millions  of  dollars.  Its  only  value 
and  use  are  at  home.  Our  safety,  as  a  nation,  now  depends 
mainly  on  increasing  our  production  of  cotton,  corn,  gold, 
silver,  petroleum,  LEAD,  and  all  other  staples  of  commerce, 
in  order  that  we  may  restore  the  balance  of  trade  and  estab¬ 
lish  our  currency  upon  a  sound  specie  basis. 

In  proof  of  the  productions  of  the  Lead  and  Zinc  mines 
of  Wisconsin,  we  would  refer  to  estimates  *  made  by  the  offi¬ 
cers  of  the  Mineral  Point  Mining  Company,  which,  we  are 
informed,  bid  fair  to  fall  below  actual  results.  The  Monroe 
and  Dubuque  Railroad  Mining  Company  propose  to  work  ten 
times  the  force  used  by  the  Mineral  Point,  and  for  mineral 
grounds  will  have  their  choice  through  an  extent  of  country 
from  Monroe  to  Dubuque,  a  distance  of  sixty  miles. 


*  In  a  letter  to  the  Treasurer  of  Mineral  Point  Mining  Company,  dated 
September  6,  1865,  the  Secretary  says  :  —  “  We  are  about  to  work  on  our 
mines  a  force  of  at  least  two  hundred  miners,  including  Superintendent, 
Mining  Captains,  and  Overseers,  at  average  wages,  $  1,50  per  day  each,  or 

per  month  of  26  days,  total  wages, . $  7,800 

The  powder  and  tools,  Sec.,  will  cost,  per  month,  .  .  .  200 

$8,000 

In  raising  the  Galena,  this  force  will  take  out  and  dress  enough 
Calamine,  30  tons  per  day,  to  pay  these  expenses,  ...  $  8,000 

Upon  very  ordinary  mining  grounds,  a  miner  will  easily  raise  200  lbs. 
Galena  per  day,  when  working  upon  mineral.  Of  the  force  of  200  men, 
but  100  would  actually  be  working  upon  mineral,  while  the  other  half 
would  be  removing  the  debris,  tramming  and  dressing  the  ores :  hence,  at 
lowest  estimates,  we  can  prepare  for  the  works  20,000  lbs.  Galena  per  day, 
say  25  days  per  month,  500,000  lbs.  mineral. 

Galena  from  our  mines  turns  out  75  per  cent,  soft  lead.  The  hard  lead 
from  the  slag  left  will  pay  for  smelting,  including  hauling  from  mines  to 
furnace.  Hence,  we  may  calculate  on  a  yield  of  375,000  lbs.  lead  per 


month,  worth  in  gold  at  mines,  6c.  per  lb.,  ....  $  22,500 

Or  per  annum, .  270,000 


These  estimates  are  considered  by  all  practical  miners  very  low  for  the 
‘  diggings,’  in  the  vicinity  of  Mineral  Point.” 


SUPPLEMENTAL  STATEMENT 


RELATIVE  TO  THE 

MONROE  AND  DUBUQUE 


RAILROAD  MINING  COMPANY. 


,  I 


. 


■ 


SUPPLEMENTAL  STATEMENT. 


In  the  “  Condensed  Statement  of  the  Condition  and 
Prospects  of  the  Monroe  and  Dubuque  Railroad/’  contained 
in  the  pamphlet  heretofore  published,  a  brief  reference  is 
made  to  a  Mining  Company,  which  has  been  chartered,  aux¬ 
iliary  to  the  Railroad  Company.  It  is  thought  that  a  more 
complete  statement  of  the  results  expected  to  be  attained  by 
this  company,  and  of  the  advantages  to  be  derived  by  holders 
of  the  Railroad  Stock,  from  the  privilege  offered  them  of 
taking  a  corresponding  amount  of  Stock  in  the  Mining  « 
Company  will  be  useful. 

It  will  be  observed  upon  an  examination  of  the  Map  of 
the  Lead  Region,  prefixed  to  the  pamphlet  referred  to,  that 
the  course  of  nearly  all  the  ridges ,  or  the  high  ground  sep¬ 
arating  the  small  water  courses,  is  northerly  and  southerly ; 
while  the  general  course  of  the  Monroe  and  Dubuque  Railroad 
line  is  easterly  and  westerly,  or  transversely  with  these  ridges. 
The  general  course  of  the  Peccatonica  and  Fever  Rivers  is 
southerly,  while  their  tributaries  generally  run  easterly  or 
westerly,  as  is  the  case  with  Wolf  Creek  and  the  Shullsburg 
Eranch,  near  which  the  line  of  this  Railroad  is  located. 
Each  of  these  small  streams  are  likewise  supplied  with  small¬ 
er  tributaries,  between  which  are  spurs  of  the  main  ridges , 
which  are  cut  at  varying  depths  by  the  railroad  line  as  located. 
The  geological  formation  of  these  ridges  and  spurs  is  entirely 
uniform,  excepting-  only  the  difference  of  denudation  at  differ¬ 
ent  localities.  Immediately  below  the  earthy  deposits  upon 
the  surface,  which  are  rarely  more  than  eight  or  ten  feet  in 
depth,  and  upon  the  spurs  generally  much  less,  so  that  the 
out-crop  of  the  rock  is  often  presented,  the  lead-bearing  beds 
are  found,  the  bottom  of  which,  owing  to  the  southwesterly 
dip  of  the  strata,  has  never  been  found  west  of  W olf  Creek, 
and  is  known  to  extend  below  the  bed  of  Fever  River. 
These  lead-bearing  strata  are  first  met  with  in  the  location  of 


56 


CHARTER  AND  SCHEME  OF  THE 


the  R.  R.  Line,  where  it  cuts  transversely  the  spurs  of  the 
ridges  in  the  valley  of  Wolf  Creek,  a  distance  of  about 
twenty-one  miles  from  Monroe.  For  more  than  thirty  miles 
west  of  this,  and  until  the  line  reaches  the  immediate  valley 
of  the  Mississippi  River,  the  location  of  the  road  is  in  the  same 
geological  strata,  and  wherever  the  cuts  are  of  sufficient 
depth,  the  lead-bearing  beds  of  rock  are  certain  to  be  encoun¬ 
tered,  and  every  cut  upon  the  line  of  the  railroad  of  the 
depth  of  ten  feet  or  more,  must  inevitably  disclose  any  veins 
of  lead  or  zinc  ores  there  deposited,  and  the  crevices  which 
lead  to  them,  enabling  the  experienced  miner  readily  to 
follow  them  up  to  the  larger  bodies  and  the  big  lodes. 

For  this  distance  of  about  thirty  miles,  the  line  of  this 
railroad  passes  over  a  section  of  country,  which  in  a  belt  of 
ten  miles  in  width,  five  miles  on  each  side  of  the  route,  has 
been  extensively  mined  upon  for  nearly  forty  years,  and  has 
yielded  annually  during  that  time  a  larger  amount  of  lead 
than  any  other  equal  extent  of  country  on  the  American 
Continent.  It  contains  now  some  of  the  most  valuable  “  dig¬ 
gings  ”  in  the  whole  lead  region,  among  which  may  be 
specified  the  “  Davenport,”  the  “  Bull  Pump,  ”  and  “  Eleva¬ 
tor,”  at  Shullsburg  ;  the  “  Dry  Bone,  ”  “  Strickland,  ”  “  Old 
French,  ”  “  McCoy,  ”  “  Peaseley,”  and  “  Quimby,”  near  the 
Shullsburg  Branch  ;  the  “  Ellis,  ”  “  Dowd  and  McGinnis,  ” 
“  Bobineau,”  and  “  Champion,”  near  the  town  of  New  Dig¬ 
gings  ;  the  last  of  which  (the  “  Champion  ”)  has  alone  yield¬ 
ed  $  750,000,  within  the  last  four  years,  with  the  labor  of 
only  five  men.  After  the  line,  in  going  westerly,  crosses 
Fever  River,  it  again  passes  through  the  immediate  vicinity 
of  the  extensive  and  valuable  diggings  near  Benton  and 
Jamestown,  which  are  well  known  in  the  lead  region. 

Upon  that  portion  of  the  line  —  about  thirty  miles  —  ex¬ 
tending  from  W olf  Creek  westwardly,  there  are,  according  to 
the  survey  which  has  been  made,  forty-one  cuts  of  ten  feet 
or  more  in  depth,  varying  from  300  to  2500  feet  in  length, 
and  amounting  in  all  to  30,800  feet  in  length,  or  5  s!  miles. 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


57 


The  following  tabular  statement  shows  the  several  cuts  and 
the  distance  from  station  to  station,  numbering  from  the 
Mineral  Point  Railroad  at  Gratiot,  with  the  length  of  cut  of 
ten  feet  or  more,  and  the  extreme  depth  of  cut. 


From  Station  to  Station. 

Extreme  Depth 

Length  of  Cut 

of  Cut  in  feet. 

in  feet. 

Station 

16  to 

Station 

23 

23  feet. 

700 

feet. 

ii 

334 

ii 

3  6* 

12 

ii 

300 

a 

ii 

208 

ii 

214 

20 

ii 

600 

a 

a 

404 

a 

411 

25 

a 

700 

ii 

ii 

417i 

a 

4424 

28 

ii 

2500 

a 

ii 

476 

a 

480 

12 

a 

400 

a 

ii 

509 

a 

519 

27 

a 

1000 

a 

ii 

57  5h 

a 

5784 

15 

a 

300 

a 

a 

5814 

a 

585* 

12 

a 

400 

a 

ii 

597 

a 

609 

20 

a 

1200 

a 

ii 

753 

a 

759 

40 

a 

600 

a 

a 

780 h 

<< 

784 * 

15 

a 

400 

a 

i  i 

859 

ii 

878 

70 

a 

1900 

a 

a 

926 

ii 

930 

15 

a 

400 

a 

ii 

953* 

ii 

974* 

24 

a 

2100 

i  i 

ii 

996* 

a 

1004* 

33 

a 

800 

a 

a 

1019 

a 

1023 

14 

a 

400 

a 

i  i 

1045 

a 

1046 

10 

a 

100 

a 

a 

1054 

a 

1068 

46 

a 

1400 

a 

<« 

1091 

a 

1096 

17 

a 

500 

a 

1098* 

a 

1106* 

15 

a 

800 

a 

ii 

1203 

a 

12CS 

15 

a 

500 

a 

ii 

1215 

1220 

19 

a 

500 

a 

tt 

1255 

4  6 

1262 

13 

a 

700 

a 

ii 

1312 

ii 

1320 

16 

a 

800 

a 

ii 

1486 

ii 

1495 

17 

a 

900 

a 

ii 

1545 

ii 

1548 

12 

a 

300 

a 

a 

1572 

ii 

1576 

12 

a 

400 

i  i 

a 

1619 

ii 

1625 

18 

i  i 

600 

a 

a 

1633 

ii 

1643 

24 

a 

1000 

a 

a 

1676 

ii 

1679 

15 

a 

300 

a 

a 

1696 

ii 

1706 

19 

a 

1000 

a 

a 

1738 

a 

1756 

52 

a 

1800 

a 

a 

1770 

a 

1774 

20 

a 

400 

a 

a 

1818 

a 

1824 

40 

a 

600 

a 

a 

1830 

a 

1839 

51 

a 

900 

a 

a 

1848 

a 

1851 

25 

a 

300 

a 

i  i 

1858 

a 

1863 

60 

a 

500 

a 

a 

1878 

a 

1884 

70 

a 

600 

a 

a 

1887 

a 

1890 

26 

a 

300 

a 

a 

1904 

a 

1913 

37 

a 

900 

a 

Total  length  of  Cuts,  in  feet, 

•  •  • 

•  •  • 

30,800  feet. 

Equivalent  to  5  831-3 

miles. 

58 


CHARTER  AND  SCHEME  OF  THE 


While  it  is  not  expected  that  in  every  one  of  these  cuts 
—  particularly  the  more  shallow  ones  —  veins  of  lead  ore, 
or  even  crevices  leading  to  them  will  be  disclosed,  yet  in 
many  of  them,  probably  in  all  where  the  cut  is  as  much  as 
twenty  feet  deep,  it  is  just  as  certain  as  there  is  any  truth  in 
geology,  and  that  all  mining  experience  is  not  a  delusion,  that 
veins  containing  and  leading  to  very  heavy  deposits  of  lead  ore 
now  concealed,  will  be  discovered,  and  yield  large  returns. 

It  is  not,  of  course,  within  the  competency  of  human 
foresight,  to  determine  with  certainty,  the  profits  which  will 
result  from  the  working  of  the  lead  mines  to  be  developed, 
in  the  construction  of  this  road.  An  approximate  estimate 
may  however  be  made,  which  will  be  within  the  truth,  and 
sufficiently  accurate  to  form  a  basis  of  calculation. 

Within  a  very  short  time  after  the  railroad  company  shall 
have  commenced  the  work  of  excavation  upon  these  cuts,  the 
mining  company  can  employ  laborers  in  developing  the  lead 
veins  and  crevices  thereby  disclosed.  The  force  of  laborers 
so  employed  may  be  small  at  first,  but  can  be  gradually  in¬ 
creased.  Within  six  months,  probably  five  hundred  men  can 
be  profitably  employed,  and  by  the  time  the  cuts  are  all 
excavated,  a  thousand  men  or  more  could  be  worked  to  ad¬ 
vantage.  It  is  safe  to  say  that  the  mining  company  could 
profitably  employ,  and  reap  the  profits  resulting  from  the 
labor  of  six  hundred  men  per  annum.  Some  of  these  men 
would  be  working  on  mineral,  while  others  would  be  work¬ 
ing  “  dead  ground,  ”  removing  debris,  &c.  Of  those 
actually  engaged  in  raising  lead  ore,  some  might  not  raise 
more  than  100  lbs.  per  day,  while  others  might  raise  1000 
lbs.  or  more,  depending  of  course  upon  the  character  of  the 
discovery.  But  if  six  hundred  men  were  engaged  in  the 
different  branches  of  mining,  it  would  be  entirely  within 
bounds  to  estimate  that  the  gross  product  of  their  labor 
would  be  as  much  as  200  lbs.  of  lead  ore  per  day  for  half  of 
the  men,  or  an  average  of  100  lbs. .  per  day  for  all  the  men, 
which  would  amount  to  60,000  lbs.  or  30  tons  per  day* 


MONROE  AND  DUBUQUE  RAILROAD  CO. 


59 


The  value  of  60,000  lbs.  at  $  7  per  100  lbs.  is  $  4,200 
Deduct  wages  of  600  men,  at  $  1,50  per  day,  $  900 
Deduct  expense  of  tools,  powder,  candles,  &c.,  300  1,200 

Net  profits  per  day  on  labor  of  600  men,  is  $  3,000 
Estimating  300  working  days  in  a  year,  the  net 

profits  per  annum  would  be . $  900,000 

% 

In  any  contingency,  it  is  confidently  believed  that  the  an¬ 
ticipations  expressed  in  the  pamphlet  before  referred  to,  of 
realizing  enough  from  mining  operations,  “  to  repay  the 
entire  capital  invested  in  the  construction  of  the  Monroe  and 
Dubuque  Railroad,  before  the  first  day  of  January,  1870,” 
will  be  fully  realized. 

It  should  however  be  borne  in  mind,  that  although  the 
stock  in  the  mining  company  will  be  held  in  the  first  instance 
solely  by  the  shareholders  in  the  railroad  company ;  yet  it  is 
an  entirely  independent  company,  the  stock  of  which  may  be 
held  or  transferred,  without  regard  to  the  holding  or  transfer 
of  the  stock  of  the  R.  R.  Co.,  and  as  these  mines  are  practi¬ 
cally  inexhaustible,  the  stock  of  the  mining  company  will 
continue  perpetually  to  be  a  valuable  stock,  paying  large 
dividends,  without  regard  to  the  value  of  the  railroad  stock. 

The  Railroad  Company  propose  to  avoid,  entirely,  the  issue 
of  any  bonds,  nor  do  they  intend  the  road  shall  be  incum¬ 
bered  by  any  mortgage  or  other  lien.  To  raise  the  necessary 
funds,  without  bonds  or  mortgage,  for  the  construction  of 
their  road,  the  company  have  authorized  the  issue  of  $  2,500- 
000  of  preferred  stock,  in  shares  of  $  100  each,  which  is 
entitled  to  receive,  in  semi-annual  dividends,  the  entire  net 
earnings  of  the  road,  until  they  amount  to  eight  per  cent,  per 
annum,  to  be  negotiated  from  time  to  time,  as  the  con¬ 
struction  of  the  road  may  require. 

By  the  fourth  section  of  the  act  incorporating  the  Mining 
Co.,  ( pamphlet  p.  26, )  the  Railroad  Company  is  authorized 
to  own,  hold,  and  transfer  stock  in  the  mining  company.  In 
pursuance  of  that  authority,  it  has  acquired  25,000  shares 


60 


CHARTER  AND  SCHEME. 


of  $  100  each  ( $  2,500,000 )  of  the  stock  of  the  mining 
company,  to  be  disposed  of  only  to  original  subscribers  to 
preferred  stock. 

The  money  paid  for  the  preferred  stock  will  be  invested 
exclusively  in  the  construction  of  the  railroad,  and  that  paid 
for  the  mining  stock  in  the  purchase  of  such  lands  and  mining 
rights  as  the  company  may  require.  It  is  not  contemplated 
that  any  expenditure  will  be  made  for  smelting  works,  until 
the  receipts  realized  from  the  mines  will  justify  it,  and  that 
the  expenses  incurred  in  mining,  for  wages  of  men  and  all 
other  purposes,  will  be  defrayed  from  the  proceeds  of  the 
mineral  raised.  But  if  it  should  become  necessary  in  the 
first  instance  to  anticipate  these  proceeds  to  a  moderate  extent, 
the  requisite  amount  can  be  taken  from  the  proceeds  of  the 
mining  stock  and  refunded  from  the  proceeds  of  the  mining 
operations. 

MOSES  M.  STRONG, 

President. 


